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HomeMy WebLinkAboutR08-074 CDOT Winslow Underpass Project SupportCommissioner f ~~f~t.~-~y`'~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008-~~Y RESOLUTION SUPPORTING THE AGREEMENT BETWEEN EAGLE COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE EAGLE COUNTY WINSLOW UNDERPASS PROJECT WHEREAS, Eagle County desires to support Berry Creek Metropolitan District's project for the widening of the existing underpass under I-70 in Eagle County between mile posts 163.5 and 163.75 (the "Project") which underpass encompasses a Colorado Department of Transportation right of way; and WHEREAS, the State of Colorado may contract with local governments to provide maintenance and construction of highways that are part of the state highway system and CDOT requires either a county or a municipality ("Local Agency") to oversee such a project on one of its rights of way pursuant to C.R.S. § 43-2-104.5; and WHEREAS, County is a local agency and supports the Project; County has therefore agreed to work with CDOT as the Local Agency in order to encourage and facilitate Berry Creek's undertaking and completion of the Project; and WHEREAS, pursuant to an agreement between CDOT and Eagle County, CDOT will provide oversite work associated with the Underpass Work and the Parties have estimated the total cost of the oversite work in the amount of Twelve Thousand Dollars ($12,000); and WHEREAS, Eagle County has received Twelve Thousand Dollars ($12,000) from Berry Creek to fund CDOT's oversite work associated with the Project and will remit that amount to CDOT in accordance with the parties agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of Eagle County Commissioners hereby authorizes the Chairman of the Board to sign the grant agreement with CDOT. THAT, the Board of Eagle County Commissioners hereby authorizes the expenditure of the Twelve Thousand Dollars ($12,000) required to meet the terms and obligations of the agreement between CDOT and Eagle County for the Project. THAT, this resolution is to be in full force and effect from and after its passage and approval. MOVED, READ AND ADOPTED by the Board of County Commissio'n`ers of the County of Eagle, State of Colorado, at its regular meeting held this ~ day of ~~~ ~/ , 2008. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Sara J. Fisher Commissioner Arn M. Menconi This Resolution passed by 3 d vote of the Board of County Commissioners of the County of Eagle, State of Colorado. INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND BERRY CREEK METROPOLITAN DISTRICT CONCERNING WINSLOW ROAD UNDERPASS ENHANCEMENTS T~IIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this ~ day of J cJ ~ h, , 2008 by and between the Eagle County, Colorado, a body corpo~ d politic acting by and through its Board of County Commissioners ("County") and Berry Creek Metropolitan District, aquasi-municipal corporation and political subdivision of the State of Colorado, acting by and through its Board of Directors ("Berry Creek")(collectively referred to hereinafter as "Parties"). RECITALS: WHEREAS, Winslow Road, which is located between Miller Ranch Road and Rawhide Road in the SE '/4 of Section 4, T SS, R82 W of the 6th Principal Meridian in Eagle County, Colorado (hereinafter the "Subject Property"), provides a primary access route to the Singletree Subdivision within the Berry Creek boundaries; and WHEREAS, Berry Creek has issued $3,500,000 in general obligation bonds (the "Bonds") to fund the enhancement of the road area, which enhancements include the widening of the existing Winslow Road underpass of I-70, the construction of sidewalks, pedestrian railings, a bike lane, curbs and gutters, and the installation of a landscaping irrigation system, lighting and retaining walls on the Subject Property, for the purpose of improved aesthetics and pedestrian safety (the "Project"); and WHEREAS, the Project will include work on sections of the Winslow Road Underpass of Interstate 70 between mile post 163.5 and mile post 163.75 ("Underpass Work"), which underpass encompasses a Colorado Department of Transportation right of way; and WHEREAS, in order to proceed with the Project, Berry Creek must obtain permission and approval from the Colorado Department of Transportation ("CDOT"); and WHEREAS, CDOT requires either a county or a municipality ("Local Agency") to oversee such a project on one of its right of ways pursuant to C.R.S. § 43-2-104.5; and WHEREAS, the County is a Local Agency and Berry Creek is not; and WHEREAS, County supports the Project and has therefore agreed to work with CDOT as the Local Agency in order to encourage and facilitate Berry Creek's undertaking and completion of the Project; and WHEREAS, County and CDOT have entered into that certain Contract for Project CC M016-021 (16848) of even date herewith (the "CDOT Contract," attached hereto together with all of its exhibits as Exhibit A and incorporated herein as if set forth in full), for the purpose of the County acting as the Local Agency for the Project; and WHEREAS, pursuant to the CDOT Contract CDOT will, among other promises, provide oversite work associated with the Underpass Work and the Parties have estimated the total cost of the oversite work in the amount of $12,000; and WHEREAS, pursuant to this Agreement Berry Creek will pay to County $12,000 to cover the full amount anticipated for CDOT's oversite work and will fulfill each and every one of CDOT's requirements under the CDOT Contract for the Underpass Work and/or the Project as a whole; and WHEREAS, pursuant to applicable Colorado law, Berry Creek will advertise for and select a contractor for the Project, fund the full cost of design and construction for the Project and oversee the Project's construction; and WHEREAS, it is in the best interests of both County and Berry Creek to enter into this Agreement as the Project will provide pedestrian and bike access to Winslow Road, add sidewalks that are wheelchair accessible in accordance with ADA standards and will improve overall safety and aesthetics on the Subject Property; and WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29- 1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Berry Creek's Obli_atg ions. Berry Creek acknowledges that County is acting as the Local Agency for the sole purpose of facilitating the Project and that County has absolutely no financial, performance related or other obligation for any aspect of the Project or the Underpass Work other than as specifically set forth herein. Berry Creek agrees to undertake all necessary steps to complete the Project in accordance with the CDOT Contract and in accordance with the easement agreement between Eagle County and Berry Creek. Specifically, Berry Creek shall: A. Timely remit to County the full Twelve Thousand Dollars ($12,000) required by CDOT for CDOT's oversite services for the Underpass Work, which amount shall be due within thirty (30) days of execution of this agreement. If Berry Creek fails to make a timely payment to County, Berry Creek shall pay interest to County (which interest will be due CDOT) at a rate of one percent per month. Berry Creek recognizes that the total cost charged by CDOT for the oversite services is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions agreeable to the parties. Berry Creek agrees to fund an increase in cost, if so required by CDOT. B. Assume sole responsibility for fulfillment and completion all of the Local Agency Commitments related to the Underpass Work as set forth more fully in the CDOT Contract, as it may be revised from time to time as a result of design changes by CDOT. C. Certify in writing that all rights of way necessary for the Project have been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required. D. Select a design service provider and contractor for the Project and contract for all labor, materials, equipment, and design and construction services necessary to complete the Project in accordance with Colorado law, the CDOT Contract, and applicable CDOT requirements and standards, as such requirements and standards are made known to Berry Creek. Specifically, if applicable, Berry Creek must: i. pursuant to the terms and conditions of the CDOT Contract, cause to be prepared and stamped by a Colorado Registered Professional Engineer complete plans and specifications for the Project ("Plans") which Plans shall be prepared in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials Manual and/or other standards approved by CDOT. ii. include in the Plans special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. iii. 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. iv. provide final assembly of Plans and contract documents. v. be responsible for the Plans being accurate and complete. vi. make no further changes in the Plans following the award of the construction contract except by agreement in writing between Eagle County, CDOT and Berry Creek. E. Utilizing the proceeds of the Bonds and such other funds as may be lawfully available, perform the construction work in accordance with Colorado law, the Plans and the CDOT Contract. Berry Creek shall also deal directly with all contractors, subcontractors and consultants hired to perform work related to the Project. Berry Creek shall be solely responsible for payment all costs and charges involved with design, construction, consulting service fees, oversite costs, and legal fees (excepting those of the County and CDOT), as well as the costs associated with acquisition of all necessary permits, rights of way and any other necessary approval. F. Obtain the proper clearance or approval from any utility company having rights of way within the Subject Property or affected by or involved in the Project, and certify in writing that all such clearances have been obtained. G. Maintain and operate any improvements constructed at Berry Creek's own cost and expense during their useful life. H. Maintain a complete file of all records, documents, communications and other written materials, which pertain to the costs incurred under this Agreement. These records must be maintained for a period of three (3) years after the date of completion of the Project. Berry Creek shall make such materials available for inspection at reasonable times and shall permit duly authorized agents and employees of CDOT to inspect the Project and to inspect, review and audit the project records. I. At all times during the term of this Agreement, Berry Creek shall maintain the general liability insurance on its own behalf and shall require its contractors, subcontractors and consultants to maintain Workmen's Compensation insurance as required by the laws of the State of Colorado, Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado, and General Liability Coverage in the minimum amount of $1,000,000 for coverage of claims for damages arising from the performance of services related to the Project, including but not limited to personal injury or death, property damage and other damages. 2. County's Obli atg ions. A. County agrees that it will act as the Local Agency for purposes of receiving a CDOT authorization and right of way access necessary to accomplish the Underpass Work described above. B. Upon payment to County by Berry Creek, County shall remit to CDOT the full Twelve Thousand Dollars ($12,000) for CDOT's oversite services for the Underpass Work within the time frame required by the CDOT Contract. C. County shall have no further obligations under this Agreement, financial or otherwise, other than to provide timely notice to Berry Creek of all requests or direction provided by CDOT relating to the Project. 3. Indemnification. Berry Creek assumes all liabilities associated with the Project and the Underpass Work. Accordingly, to the extent allowed by Colorado law, Berry Creek agrees to release, indemnify and save harmless County, and its officers, agents, and employees, against any and all claims or causes of action of any kind arising out of damage to real or personal property, or injury and/or death to persons, including the property, agents, or employees of either Party, resulting in any way from the operations and duties undertaken by Berry Creek in connection with the Project, the Underpass Work or this Agreement. To the extent allowed by Colorado law, Berry Creek shall further indemnify and save harmless County and its officers, agents, and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions, or proceedings of any kind or nature whatsoever, including Workman's Compensation claims, of or by any person, in any way resulting from or arising out of, either directly or indirectly, the operations and duties undertaken by Berry Creek in connection with the Project, the Underpass Work or this Agreement. This indemnification shall be deemed to include the acts and omissions of all officers, employees, representatives, suppliers, invitees, contractors, and agents of Berry Creek. 4. Independent Contractor Status. The Parties to this Agreement intend that the relationship between them is that of independent contractor. Berry Creek, and any agent, employee, or servant of Berry Creek shall not be deemed to be an employee, agent, or servant of County. Other than requiring that Berry Creek comply with all requirements, standards and directions of CDOT and the Local Agency Commitments contained in Exhibit "A" in completing the Project, Eagle shall not attempt to oversee or supervise the work or actions of any Berry Creek employee, contractor, subcontractor, consultant, servant or agent in the course of completing work under this Agreement. 5. Benefits. Berry Creek and any agent, employee or servant of Berry Creek is not entitled to any Workman's Compensation benefits through the County and is responsible for payment of any federal, state FICA and other income taxes. 6. Non-Assi nable. This agreement is not assignable by either party. 7. Integrated Agreement. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Parties and signed by authorized officers of each Party. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 8. Severabilitv. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 9. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the addresses of the parties as follows. Each party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to County: Eva Wilson Eagle County Engineer 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Notice to Berry Creek: Berry Creek Metropolitan District c/o Robertson & Marchetti, P.C. PO Box 600, Edwards, CO 81632 10. Immunity. The Parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 11. Binding E~fect. The rights and obligations of the Parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 12. Choice of Law and Venue. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of Eagle County, Colorado. County shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 13. Duration. This Agreement shall remain in effect for the duration of the Underpass Work and until each and every of the County's obligations to CDOT pursuant to terms of the CDOT Contract have been satisfied. 14. Authori Each of the Parties warrant that they possesses the legal authority to enter into this contract and that they have taken all actions required by all applicable procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize their undersigned signatory to execute this contract and to bind them to its terms. The person executing this contract on behalf of each Party warrants that such person has full authorization to execute this contract. 15. No 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 County, Berry Creek and potentially, CDOT. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person or entity, other than CDOT. It is the express intention of the County and Berry Creek that any such person or entity, other than CDOT, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. 16. Waiver. The waiver of any breach of a term, provision or requirement of this Agreement shall not be construed or deemed a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision or requirement. 17. Modification and Amendment. This Agreement is subject to such modifications as may be required by changes in a 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 Agreement shall be effective unless agreed to in writing by both parties in an amendment to this Agreement that is property executed and approved in accordance with applicable law. 18. No Personal Liability. No elected official, director, officer, agent or employee of either Party shall be charged personally or held contractually liable by or to the other Party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 19. Appropriation Limitation. It is expressly understood that any financial obligations that may arise hereunder which are in excess of the proceeds of the Bonds, which are hereby appropriated and reserved by Berry Creek for purposes of this Agreement, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of each of the Parties. Nothing herein shall be construed as the creation in the County or Berry Creek of amultiple-fiscal year direct or indirect district debt or other financial obligation whatsoever. 20. Berry Creek Approval. The foregoing Agreement is approved by the Board of Directors of Berry Creek Metropolitan District at its regular meeting held on the ~~''P day of J v 1~ , 2008. 21. County Approval. The foregoing Agreement is approved by the Board of County Commis ' ers of Eagle County, Colorado at its regular meeting held on the ~ day of , 2008. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. ATTE T: BOARD OF DIRECTORS OF BERRY CREEK METROPOLITAN DISTRICT B BY~ f /i~--- Title: ~~/f~'jg~" ATTEST ~ ~e~ BOARD OF COUNTY COMMISSIONERS ., COUNTY OF EAGLE, STATE OF i0 * COLORADO By' ~ ~ioaao° -~ B Peter F. Runyon, Cha~ an (Local$CDOTWK) PROJECT CC M016-021 (16848) 09 HA3 00001 REGION 3 (DAVE ID 331000144 CONTRACT THIS CONTRACT made this ~ day of 2008, 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 Box 850 Eagle, Colorado, 81631, CDOT Vendor #: 2000124, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number: 400 Function 3404; WBS Element 16848.10.50; Org # 9991; GL Account: 231200010 1N (Contract Encumbrance Amount: $0.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. The Local Agency anticipates a prof ect for the widening of the existing underpass under I - 70, in Eagle County between approximate MP 163.5 and MP 163.75; the "Eagle County -Winslow Underpass" project, and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of the CDOT Scope of Work (Exhibit A) describing the general nature of the Work. The Local Agency understands that, before the Work begins, the CDOT Scope of Work maybe 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 the Scope of Work, as it may be revised. 5. The Local Agency has made funds available for Project CC M016-021(16848) which shall consist of the reimbursement costs to CDOT, for oversite of the construction for the widening of the Eagle County - Winslow underpass project, referred to as the "Project" or the "Work." Such Work will be performed in Eagle County, Colorado, as specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% of the funding for the `Work". 7. CDOT has estimated the cost of the Work and the Local Agency is prepared to provide funding required for the Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives ofthe Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend funds for the work under the prof ect. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. Page 1 of 11 8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of, the construction for the widening of the existing underpass under I-70, in Eagle County between approximate MP 163.5 and MP 163.75; the "Eagle County -Winslow Underpass ", referred to as the "Project" or the "Work." Such Work will be performed 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 (Contract Modification Tools) 4. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Section 4. Project Funding Provisions A. CDOT has estimated the total cost of the work and the Local Agency is prepared to provide the funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives ofthe Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the prof ect. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. CDOT has estimated the total cost of the oversite work to be performed by CDOT, and the Local Agency is prepared to provide funding in the amount of $12,000.00 which is to be funded as follows: Lump Sum Payment 1. Local Agency Funds $ 12,000.00 2. Total Funds: $12,000.00 Page 2 of 11 C. The maximum amount payable by the Local Agency under this contract shall be $12,000.00, 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 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 A. The Local Agency shall contribute a lump sump amount and shall not exceed the amount of $12,000.00, which shall be due within 60 days of execution of this agreement. B. 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. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D 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 D. A. Design [If Applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. Page 3 of 11 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 [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 (SAFE), to perform that administration. The SAFE 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 afederal- aid prof ect, 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 (Exhibit H) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). Page 4 of 11 (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 ornon-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 Prior to this project being advertised for bids, the Responsible Party will certify in writing 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 federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way - 3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual is located at http://www.dot.state.co.us/ROW Manual/. Page 5 of 11 Section S. 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 Proj ect 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 The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the stste's obligations to maintain such improvements. FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Page 6 of 11 Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency 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 Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the prof ect and to inspect, review and audit the project records. Section 13. Termination Provisions This contract maybe 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 ofthe 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. Page 7 of 11 Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, 222 S. 6th Street 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: Martha Miller, PE CDOT Region 3 Resident Engineer 714 Grand Avenue Eagle, CO 81631 (970) 328-6385 If to the Local Agency: Eva Wilson, PE Eagle County Engineer Eagle County Building 500 Broadway, PO Box 850 Eagle, CO 81631 (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. Page8of11 Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract maybe 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. Page9of11 Section 23. Modification and Amendment This contract is subject to such modifications as maybe 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. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit C and bearing the approval ofthe State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 25. 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 CONTRACT LOCAL AGENCY: EAGLE COUNTY Legal Name of Contracting Entity CDOT Vendor Number 2000124 Signature of Authorize icer -e r ~ ~~ n d ~ a~, r m.a ,-~ Print Name & Title of Aut orized Officer LOCAL AGENCY: (A Local Agency seal or attestation is required.) STATE OF COLORADO: BILL BITTER, JR. GOVERNOR By For Executive Director Department of Transportation ~ e~ o ~~` ~; Attest (Seal) By (Town/City/County Clerk) ,~ c~ oo~ (Place Local Agency seal here, if available) ., CQrfiR ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J. MC DERMOTT, CPA By: Date: Page 11 of 11 Exhibit A SCOPE OF WORK SCOPE OF WORK EXHIBIT A The project is located in Edwards, Colorado at Winslow Road under I-70 from approximate MP 163.5 to MP 163.75. The project is for the widening of the existing underpass on I-70 at Winslow Road, including associated landscape and pedestrian improvements. This work will require new structures (walls) within the ROW of I-70. Local Agency Commitments: • Construction shall be performed by the Local Agency. o The Local Agency shall follow/and or provide, with CDOT's concurrence, all required hearing, procedures, clearances, and documentation, such as environmental, right-of -way acquisition, and utilities. o The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FHWA to inspect and review the project for conformance to State and Federal requirements, and/or specifications. o The Local Agency shall pay $12,000 for CDOT's design and construction review services. o The Local Agency shall perform adequate QC/QA of the construction of the retaining walls. The Local Agency shall perform quality control monitoring and reporting for the retaining walls and will report to CDOT on a weekly basis. Quality control monitoring will consist of field observations, and survey data. The weekly report content will include: a summary of construction progress and wall deflection data that includes horizontal and vertical deformations plotted verses date of reading. The Local Agency shall acquire the services of a Professional Engineer licensed in Colorado, as approved by CDOT, to do Quality Assurance. This work will require a full time monitoring of the retaining walls by an outside firm not associated with the designer or contractor. They will be required to report to CDOT on daily basis field observations of the work on the retaining walls. The licensed engineer will have at least 10 years of experience with similar designed retaining walls. -1- SCOPE OF WORK EXHIBIT A ^ All quality control and assurance work will follow FHWA guidelines for retaining walls. o The Local Agency will coordinate the survey of monitoring points established at the top of the retaining walls and abutments. The monitoring points will be spaced approximately 75 feet horizontally across the top of the wall and each corner of the abutment. The retaining wall design engineer will analyze the survey results daily versus the design criteria and provide direction if the results of the survey information indicate that the system is not performing properly. Monitoring and reporting to CDOT will be performed daily. The monitoring and reporting program will remain in place from the notice to proceed until the project has been accepted. o Self reporting inclinometers (one per abutment, four total) will be installed behind the abutment to monitor the retaining walls. The monitoring and reporting of the inclinometers to CDOT will be performed weekly. o The Local Agency is responsible to ensure no damage occurs to existing utility, bridge structure (including but not limited to abutments, footings, and girders) and other installations that maybe present on I-70 right of way. o CDOT reserves the right to issue utility permits allowing installation of utilities in the I-70 right of way. The Local Agency shall not interfere with these installations which will take precedence over any landscaping activity. If any utility installation destroys a significant portion of the permitted landscaping, neither CDOT nor the utility company shall have any liability to the permittee for such damage. o The Local Agency shall provide as-builds to CDOT and following Department procedures for the document. • Maintenance services to be performed by the Local Agency. o Provide routine maintenance for the proposed structure. ^ Maintain and repair all architectural features (including electrical and lighting fixtures), retaining walls, a111andscaping and irrigation equipment (including cutting weeds and grasses state ROW) Maintain all drainage structures under I-70 constructed by this project. -2- SCOPE OF WORK EXHIBIT A ^ Maintain signing constructed by this project (all signing within CDOT ROW shall be approved by CDOT). o Provide major maintenance for the proposed structures at appropriate intervals. o The agency shall periodically inspect the wall structures for any corrosion, cracks or delaminating of paint. In the event that the structure is not maintained in an appropriate manner, as determined by the state, the state reserves the right to perform maintenance actions deemed necessary by the state and bill the agency responsible. Additionally, if at any time the structure is determined to be obsolete or beyond repair, or a threat to the safety of the traveling public, CDOT shall reserve the right to remove the structure and bill the agency for the removal expenses. The Local Agency shall perform the maintenance services in a satisfactory and timely manner. The State reserves the right to determine the adequacy of the maintenance services performed by the Local Agency. The State will notify the Local Agency in writing of any deficiency in the maintenance services. The Local Agency shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) or its own observation; or c) by any other means. • The Local Agency shall provide all preconstruction and construction activities, and any and all work, needed for the construction of highway facilities on or related to I-70 at the proposed underpass improvements. • In the event the portion of I-70 adjacent or over Winslow Road is reconstructed or widened, the Local Agency shall take all reasonable actions to provide the funding necessary for any required relocation or reconstruction of the work related to this IGA. CDOT will provide the Local Agency the opportunity to review and comment on CDOT plans for I-70 work. o CDOT will not replace or relocate any landscaping placed within the right of way if CDOT has to have it removed for any reason including, but not limited to: safety, maintenance, and construction. -3- Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Fxhihit (" COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Com lete section 1 and submit to CDOT Controller's office. CDOT Controller letter on Ma 23, 1996 (1 )This form to be used for the following contracts/situations only (check the appropriate situation): _indefinite quantity, order more/add more utility/railroad, underestimated total cost _CDOT construction, sum of CMO's LA construction, underestimated cost _CDOT construction, underestimated total cost CDOT consultant, underestimated cost SECTION 1 (Re ion use) Date: Project code To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # From: Office: Phone # FAX # Re ion # CDOT has executed a contract with: Address: CDOT Vendor # Contract routing # SAP Purchase Order Number Fund Functional Area GL Account Number WBS Element or Functional Center Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ es no Previous Funding Letter(s) total Preparer's name (Funding letter #1 thru #~ PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval (#~ PHONE NO: Adjusted contract amount CDOT Designee Approval Local Agency approval SECTION 2 (Controller's Office use) Total allotment amount Commission budget $ $ If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. $ $ charges calculation $ I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of State Controller or Delegee Date Exhibit C -Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 Exhibit D CULf}RADO DEPARTMENT OF TRANSPORTATION LOCAL. AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. M016-021 Project Location l_Tg [3etween Fac11e and Vaii Pass __,_, „ Project Description LVirastaw Rd. 1-70 Underpass Improvements-Edwards Local Agency COOT Resident Engineer Martha Miller i 6843 ~~~. . Date 5-12• INSTRUCTIDNS: This checklist shall be utilized to establish the contract adn7inistratian responsibilities of the individual parties to this agreement. The checklist becomes an attachment #o the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Lora! Agency Manual. The checklist shall be prepared by planing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be setec#ed. When neither GDOT nor the Local Agency is responsible for a task, not applicable (NA} shall be noted. In addition, a "#° wilt denote that COOT must concur nr approve. Tasks that will be performed by Headquarters staff wilt be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform aH other tasks that are the responsibiGiy of COOT. The checklist shalt 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 Residenk Engiineer, in cooperation with the Local Agency Prajer~ Manager will prepare and distnbute a revised checklist.,_ .__.._..,.~._ _._.___..__... N4. DESCRIPTION 4F TASK _____ ~__.~_. TIP !STIP ANI3 LONG=RANGE PLANS _____ ...w,.m.. 2,1 Review Project to ensure it is consist with STIP and amendments ti~ereto RESPONSIBLE PARTY LA COOT _, X Iw~t?ERAL I=UNDINC OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (COOT Form 418 -Federal-aid Program data. Requires FH~iVA concurrencelinvolvement _ ~ _ PROJECT ©EVELOPMENT 5.1 _ Prepare Design Data - GDO't' Form 463 5.2~ Pre are Local A en !COOT Inter-Governmental A reement see also Cha ter 3 ~~1 ~. _~_X_~ _ ; ~~ -~ X X _ 3 5 Conduct Consultant SelectianfExecute Consul#ant Agreement NIA ~ . ---- 5 4 ___ ~~_ ~ ...... Conduct Desi n Sco in Review Meeting NtA....~... _ . 5.5 _ _ _ Conduct Public tnvalvernent _.__~___ N!A _ _ • 5.6 Conduct Field Ins ection Review FIR _ NIA 5.7 Conduct Environmental Processes ma re wire FtiWA concurrence/irrvatvement X X _ 5 8 Ae airs Ri ht-of-Wa ma re wire FNWA coneurreneelinvolvgment~ X . 5.9 __ _. _ _, _,__ Obtain Utility and Railroad Agreerr~ents ~~ _ ~_-_ _X _ .~ _ ____ 5. t 0 Conduct Final Office Review FOR _, ~ ~ ~ ~ 5.11 Justify Force Account t~Vork b the Local A enc ~ NfA _...... 12 5 m s or Local A enn Furnished Ite Jus#if Pro rieta Sole Source NfA . 5.13 _ _ __ _ _ , ,___,__ , Document Design Exceptions - COOT Farm 464 X 5,14 Pre are Plans, S self'+catians and Construction Gost Estimates ~~ X 5,15 Ensure Authorization of Funds for Construction _ ..~.. ._ X STIP No. ~ Project Code ~ Region Local Agency Project Manager Benjamin Gerdes .__~ _. COOT Project Manager Peter Lombardi Cf)g7 Farm 1243 O8f0t3 Pagel of 4 Prevtaus editiotrs are absofete and may not be used EXHIBIT D _.__ RESPONSIBLE ; NO. DESCRIPTIC?N OF TASK PARTY ~ LA COOT PRQJECT DEVELOPMENT CIVIL RIGHTS AND LABOR CUMPI~IANCE ~ ..~ 6.1 _.~. Set Underutilized Disadvantaged Business Enterprise (UBDE} Goals for Consultant and NIA Gonstruction Gontracts {COOT Region EEOICivil Rights Specialist) 6.2 Determine Applicability of Davis-Bacon Act _ _ This project ~ is ©is not exempt from Davis-Bacon requirements as determined by the functional classification of the projec~# location (Projects located on local roads and rural minor collectors may be exempt.) t __ COOT Resident Engineer (Signature on File} __ Date 6.3 ~ Set On-the-Job Training Goals. Goal is zero if total construction is less than S1 million {CDC;T ~r' - III Region EEOlCivil Rights Specialist) B.4 I Title Vt Assuranees__ -~ _ N!A --- _ -~, ......._ Ensure the correct Federal Wage Decision, all required Disadvantaged Business ~ -~ Enterprise/On-the-,lob Training special provisions and FHWA Form 1273 are included in the Contract {COOT Resident En ineer) !'~ ADVE RTISE, BID AND AWARD 7.1 C?btain Approval for Advertisement Period of Less Than Three Weeks N!A _ 7.2 Advertise far Bids X 7.3 __ Distribute "Advertisement Set" of Plans and S ecifica#ions X M- ~----- 7.4 Review Warksite and Plan Details with Prospective Bidders While Project is Under X Advertisement l 7.5 __ w - .. _ .Open Bids ~.._Y. -- ------- X 7.6 _ _ _-_ Process Bids for Com Hance Cheek COOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the tow bidder meets UDBE Dais • Evaluate COOT Form 718 - Underutilized DBE Good Faith Effort Documen#ation and ~ ~ determine if the Contractor has made a good faith effort when the tow bidder does not meet ` ,,X" DBE oafs .'^,~ Submit re u'sred documentation for GDOT award concurrence N/A 7.7 Concurrence from COOT to Award ,1l _ 7.8 A rave Re'ection of Low Bidder ,h"' 7.9 Award Contract X 7.10 - -- ---____.. _ _.......... Provide "Award" and "Record" Sets of Plans and 5 ecifications X CONS TRUCTItJN MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X t3.2 Pro'ect Safety___ . _._. --__-_._ _ ... _..-._........ _._ _..___X-- -- 8.3 Conduct Conferences: :: ` Pre-Construction Conference Ap endix B) ,......___. X_-_... . _. __ X ° Pre_survey • G6n3trUCtiOn staking X Monumentaiian _ X ~~>-;,-=..: Par#nerin O tional X ~ ~„~~: `a~ Structural Goncrete Pre-Pour A ends is in CDOi" Construction Manual X ` ~' ";'• ~_~ Concrete Pavement Pre-Davin A ends is in COOT Construction Manua!) X 4 ';: `•~ Nt41A Pre-Davin A ends is in COOT Construction Manua! X 8.4 f)evelo and distribute Public Notice of Planned Construction to media and focal residents _._._. - ~- ---- X $-5 -.__.._ __ - Su ervise Construction - A Professional Engineer {PE) registered in Colorado, who will be "in responsible charge of construction supervision." Eva Wilson 970-328-3560 Local Agency Professional Engineer or Phone number X CD©T Resident En ineer CObT Form 1243 r39(QtS Paget of 4 Prev#ous editions are obsolete and may not be used F.XHiBIT D ._._........_......~..~..._.m._.~.. _ RESP+C~NStBLE__. NC?. CIESCRIPT{C~(V ©F TASK PARTY ..._.._.._... ..-.. __ ... _..___ _......._.__.__......._. _.~._.._...~.. LA CD(~7 Provide competent, experienced staff who wilt ensure the Contract work is constructed in~~~ accordance with the tans ands ecificatians X _Construction inspection and documentation _ _ _ X 8.6 A rave Sha Drawin s - - }( - ---- 8.7 Perform Traffic Control Ins actions X 8.8 Perform Construction Surve in - _ _ . _ ._ ..~_.____......___._...._.__ _._ .._... _ ..X _- _ 8.9 Monument Ri ttt-af-W~ ~~ }C 8.10 Prepare and Approve Interim and f=inal Contractor Pay Estimates m--- ~~~ . - W X Provide the name and phone number of the person authorized far this task. t'Bt~ ..... _ ._._ , Local .A~ncy_Representative ~ Phone number 8,11 Pre are and A rove Interim and Final l~tilit and Railroad Biltin s ~ X _ 8.12 Prepare_Lacat A~ency_f~eimb~irsement_Requests _. _____ ___..._..~ - 8.13 Pre are and Authorize Chan a Orders X _8_14 A~prave_All Chant e Orders _ ....._.. _...,,_. ._.-,.,. .._ _ .. . ,~ X 8.1~ _ __ ............._....._..._.... Monitor Pra'ect Financial Status _. . _ ~ . 8_16___ Pre~arg and Submit Monthlr~Proc~~ess_Reparts,_ __,__ X 8.17 Resotve Contractor Claims and Dis utes X 8.18 Gonduct Routine and Random Project Reviews Provide the name and phone number of the person responsible far this task. X Martha Miller....... 970-328-6385 CDOT Resident En ineer _ Phone number ~_.__.___ _ MA-7ERtALS 9.1 Conduct Materials Pre-Construction Meetin X 9.2 Camptete CDOT Farm 250 -Materiats Dacumentatian Retard Generate farm, which includes determining the minimum number of required tests and X .~" applicable material submittals far alt materials placed an the project • Update the form as work progresses X • Com fete and distribute form after work is compteted~_ X 9.3 Perform Project Acre tance Sam tes and Tests X 9.4 Perform Laborato Verification Tests X 9.5 Accept Manufactured Products X tnspectian of structural components: Fabrication of structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices (0'° to 6" or greater} X Fabrication of beartn devices X 9.6 A rave Sources of Materiats -----..__._ __ __ __ _ . _ ___ _~ . _ _. _ __. _._ 9.7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures • Generate IAT schedule X • Schedule and provide notifcation X ~ • Conduct tAT _ X 9.8 Approve mix designs • Concrete X X • Hot mix as haft X X 9.9 .~._____. Check Final Materiats Documentation _______. _.... X 9.10 ..______.._._.__-..-__._~..__..Y.........____.______..._.........._..._._.....__........_.._....~ __.__...___.._..~.___.__..._...___.. Com late and l3istribute Final Materiats Dacumentatian .._..._.._._...~.._._ X _..__.__... ---.._ - CD4T Farm 1243 09fQ6 Page3 of 4 Previous editlans are obsolete and may na# tse used EXHIBIT D CQNS TRUCTIQN CIVIL RIGHTS AND I.AgC~R CC7MPLIANCE 10.1 Fulfill Pra'ect Bulletin Board and Pre-Canstructian Packet Requirements NfA 10.2 _ Pracess CDflT Farm 205 -Sublet Permit Application Review and sign completed CD©T Form 205 far each subcontractor, and submit to EEC1ICivil Ri hts S ecialist NIA ~. 10.3 - _ _ Conduct Equal Employment Upportunily and Labor Compliance Verifleatian Ernpfayee ~~ ~ ~~ Interviews. Complete CDflT Form 280 ... _.._... _.~ NIA . .....e.... - ~ --- -- - - - ~ 10.4 . Mani#or Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Cammerciall Useful Function" Re uirements _ . NIA 10.5 Conduct Interviews When Project utilizes C7n-the-Jab Trainees. Carnptete CDOT Form 200 - flJT Trainin~_Questiannaire NIA 10.6 Check Certified Pa raps Contact the f2e ion EEOfCivd Ri hts S ciairsts far training recuirernents.} __ ~ ____ NfA 10.7 Submit FHWA Form 1391 _ Highwray Construction Contractor's Annual EEt~ Re art NfA FINALS 11 1 Conduct f°°inat Project Inspection. Complete and submit CDOT Farm 1212 -Final Acceptance Repack (Resident Engineer with mandatory Local Agency part~cipataon.} X 11.2 Write Final Praject_Acceptance Letter - - ~ _ X 11.3 Advertise far Final Sekttemer~rt _ X 11.4 .~..._._.._..~_ _ -_----__~----. _......e~__~. Prepare_and_ Distribute Fina I As-Constructed Plans X _, 11.5 _ Eire are t=~~ Certifcatian _.._..~~...__..-..w. NIA ._ 11.fi _ _ _ Check Final Quantities, Pans, and Pay Estimate: Cheek Project Documentation: and submit~_ Fir~at Certi6catians . _.~.._...µ 11.7 Check Material Ctacumentation and Acre t Final Materia{ Certification See Cho ter 9 X 11.8 C}btain Ct:?flT Form 17 from the Contr_ac_tar_and_Submit tv the Re_sident.Engirteer NIA 11.9 Obtain Ft-IWA Form 47 -Statement of Materials and tabor used ... from the Contractor N/A 11.10 Cam late and Submit CDOT Form 1212 -Final Acceptance Report tiby CDflTj X 11.11 Pracess Final Payment . _ X _ 11.12 _,_ . Cam tats and Submit CDf)T Farm 950 - Project Closure . _. 11.1_3 -~ Retain Pra~ect Records for Six Years from Uate of Pra'ect Closure ~ X 11.14 f2etain Final Version of taco{ A enc Contract Administration Checklist X X ce: CDE3T Resident Engineer/Project Manager CDOT Region Program Engineer CDC?T Region EEfllCivil Rights Specialist CDf~T Region Materials Engineer CDflT Contracts and Market Analysis Branch local Agancy Project Manager Ct3or Form 12x3 019/06 Page4 of 4 Previous editions are obsolete and may not be used