HomeMy WebLinkAbout20090110.tiffRESOLUTION
RE: APPROVE CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AT
INTERSECTION OF COUNTY ROAD 9.5 AND STATE HIGHWAY 66 AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the Construction of a Traffic
Signal at the Intersection of County Road 9.5 and State Highway 66, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and the Colorado Department of Transportation (CDOT),
commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract for the Construction of a Traffic Signal at the Intersection of
County Road 9.5 and State Highway 66, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of Public
Works, and the Colorado Department of Transportation (CDOT), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of January, A.D., 2009.
ATTEST:
WeldrCounty Clerk to the Bgau'f'
BYE— �A ft, . t1 Vl(ul
Dept Clerk do the Board
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APPROVEDpS TO F M:
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Date of signature ltliCc
David E. Long
BOARD OF C9.UNTY COMMISSIONERS
ELD_ OU OLORADO
Douglas ' ademac er, Pro-Tem
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2009-0110
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MEMORANDUM
TO: Clerk to the Board DATE: January 6, 2009
FROM: Wayne Howard, County Engineer/CIP, Public Works
SUBJECT: AGENDA ITEM
WCR 9.5 and SH 66 Signal Construction Contract with State of Colorado
Please return all three signed original contacts to Public Works. Public Works will submit all
three originals to the State of Colorado for signatures.
Weld County's Resolution is needed to accompany the signed contract for State of Colorado
approval.
M VFrancieAAgenda Wayne Howard-doc
2009-0110
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 9.5 and SH 66 Signal Construction
DEPARTMENT: PUBLIC WORKS DATE: 12/18/08
PERSON REQUESTING: Wayne Howard, P.E., County Engineer
Brief description of the problem/issue:
Weld County and the Town of Mead entered into an IGA in October of 2006 for the design and construction of
WCR 9.5 between WCR 28 and SH 66 which would replace the CDOT frontage road. (See attached) The funds
necessary to complete this project were received by CDOT in the amount of $3.7 million and were granted to
both local agencies. During the design, the plan included a new signal at the intersection of the two roads but
was denied as we could not prove that the signal would meet a warrant analysis as required by CDOT. It was
decided that we would open the new roadway and then perform a signal warrant analysis. If it was determined
to be warranted, the money that would have been used to fund the signal at that time would be given back to
CDOT to construct the signal as part of their SH 66 improvements project. The First Addendum to the IGA,
Section 3, further describes the intent between the two agencies. This warrant analysis was performed by FHU
and accepted by CDOT based upon peak traffic volumes.
What options exist for the Board:
The current amount for the installation as described in the enclosed contracts between Weld County and CDOT
is $323,253.39 for the signal installation. CDOT stated that this work can be completed within a month or two
once the contract has been executed. To date, the remaining funds unspent from the original $3.7 million are
$685,550. If the signal is funded, $362,296 would be remaining and equally shared between Weld County and
Mead.
The Board can accept or not accept to sign the contract with CDOT for this work. Not signing the contract
could result in a very unsafe condition at this intersection with the increase in traffic the area is experiencing as
well as not being able to utilize CDOT current project for this installation.
Recommendation to the Board:
I recommend signing the enclosed contracts and moving forward with the project.
William H. Jerke, Chair
Robert D. Madsen, Pro -Tern
William F. Garcia
David E. Long
Douglas Rademacher
Attached: Mead IGA and Addendum
CDOT Contract
Approve Schedule
Recommendation Work Session
tz-
Comments
M:A—Active Projects\Strategic Corridor\WCR 9.5 Frontage Rd. Realignment to SH 66\Construction\Contracts\Work Session Request
CDOT Contract.doc
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Contracts and Market Analysis Branch
4201 East Arkansas Avenue, 4'" Floor
Denver, Colorado 80222
Telephone: (303) 757-9736
Facsimile: (303) 757-9868
December 16, 2008
Wayne Howard, PE
Weld County
PO Box 758
Greeley, Colorado 80632
RE: Project# IM 0253-164 (16584), construction of a traffic signal at the intersection of Weld
County Road 9.5 and SH 66
Enclosed please find three executory copies of the above referenced contract between Weld County and
the Colorado Department of Transportation.
All three (3) copies must be signed with two appropriate signatures, one the designated authority binding the
contractor to the contract, and the other attesting to the authority of the first. If you have a seal, please affix it
to the signature page of each copy. In addition, please attach a copy of the ordinance or resolution passed
by City's governing board approving the contract.
Please do not date the first page of the contract.
Please return all three (3) copies to my attention. When the agreements are approved by the proper authorities, a
verified copy will be returned to you. This Contract is not valid until the State Controller, or such assistant as he
may delegate, has signed it.
Should you have any questions or require further information, please do not hesitate to contact me. Your
assistance in expediting this agreement is appreciated.
Sincerely,
Brian Hancock
Contract Specialist
Colorado Department of Transportation
4201 E. Arkansas Avenue
Denver, CO 80222
Phone: (303) 757-9351
e-mail: Brian.Hancock(cddot.state.co.us
(Local $CDOTWRK)[�
PROJECT IM 0253-164, (16584)
REGION 4 (BH)
Rev 10/03
09 HA4 00043
SAP ID 331000180
CONTRACT
xl
THIS CONTRACT made this /67 -day of \/ iwa'rU' 20 09, by and between the State of
Colorado for the use and benefit of the Colorado Depat t vent of Transportation hereinafter referred to
as the State and Weld County 1555 North 17th Ave., Greeley, Colorado, 80631, CDOT Vendor #:
2000084, hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function «», GL Acct. «», WBS Element or Cost
Center «», (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to
provide maintenance and construction of highways that are part of the state (or local agency)
highway system.
4. Local Agency anticipates a project for the construction of a traffic signal at the intersection of Weld
County Road 9.5 and SH 66, and by the date of execution of this contract, the Local Agency and/or the
State has completed and submitted a preliminary version of a written scope of work describing the
general nature of the Work. The Local Agency understands, before the Work begins, the scope of
work may be revised as a result of design changes made by CDOT, in coordination with the Local
Agency, in its internal review process. The Local Agency desires to perform the Work described in the
scope of work as it may be revised.
5. The Local Agency has made funds available for project IM 0253-164 (16584), which shall consist
of construction of a traffic signal at the intersection of Weld County Road 9.5 and SH 66, referred to as
the "Project" or the "Work." Such Work will be performed in Weld County, Colorado, specifically
described in Exhibit A. All design and construction administration associated with such Work will be
performed by the State and not included in the cost of the Work as billed to the Local Agency. Final
ownership and maintenance of the Work shall be the State's.
6. The Local Agency has funds available and desires to provide 100% of the funding for the work.
7. The State has estimated the total cost of the work and the Local Agency is prepared to provide the
funding required for the work, as evidenced by an appropriate resolution duly passed and adopted by
the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to
Page 1 of 12
enter into this contract and to expend its funds for the work under the project. A copy of this
resolution is attached hereto and incorporated herein as Exhibit B.
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 construction of a traffic signal at the
intersection of Weld County Road 9.5 and SH 66, in Weld 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. The State has prepared an estimate for the total cost of the work and the Local Agency is
prepared to provide the funding for the work, as evidenced by an appropriate resolution duly passed
and adopted by the authorized representatives of the Local Agency, which expressly authorizes the
Local Agency to enter into this contract and to expend its funds for the project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
B. The estimated the total cost of the work to be $323,253.39 which is to be funded as follows:
a. Local Agency Funds $323,253.39
Total Funds: $323,253.39
Page 2 of 12
C. The maximum amount payable by the Local Agency under this contract shall be
$323,253.39, 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 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 in performing the Work, and the
billing procedure shall be as follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs
incurred relative to the project. The State's invoices shall include a description of the amounts of
services performed, the dates of performance and the amounts and description of reimbursable
expenses. The invoices will be prepared in accordance with the State's standard policies, procedures
and standardized billing format.
Section 6. State and Local Agency Commitments
Page 3 of 12
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 the State.
c. prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the
construction in accordance with the approved design plans and/or administer the
construction all in accord with the Local Agency Contract Administration Checklist.
Such administration shall include project inspection and testing; approving sources
of materials; performing required plant and shop inspections; documentation of
contract payments, testing and inspection activities; preparing and approving pay
estimates; preparing, approving and securing the funding for contract modification
orders and minor contract revisions; processing contractor claims; construction
supervision; and meeting the Quality Control requirements of the FHWA/CDOT
Stewardship Agreement, as described in the Local Agency Contract Administration
Checklist.
If the State is the responsible party:
Page 4 of 12
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, the State shall, in
conjunction with the Local Agency, advertise the call for bids and upon
concurrence by the Local Agency will award the construction contract(s) to
the low responsive, responsible bidder(s).
(1) in advertising and awarding the bid for the construction of a federal -
aid project, the State shall comply with applicable requirements of 23
USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et
seq. Those requirements include, without limitation, that the
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).
(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
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.
Page 5of12
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.statc.co.us/ROW Manual/.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company, which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing that all such clearances have
been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the
Work is to be accomplished by railroad company forces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of
the proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects
involving railroad facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The State shall perform all Work in accordance with the requirements of the current federal
Page 6 of 12
and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable.
Section 11. Maintenance Obligations
CDOT 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 CDOT and FHWA. CDOT 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 CDOT's obligations to maintain such improvements.
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this contract. The State shall
maintain such records for a period of three (3) years after the date of termination of this contract or
final payment hereunder, whichever is later, or for such further period as may be necessary to
resolve any matters which may be pending. The State shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the
Local Agency and FHWA to inspect the project and to inspect, review and audit the project records.
Section 13. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20)
days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the
Local Agency under this contract shall, at the option of the State, become its property, and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payments advanced
under the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and
the State may withhold payment to the Local Agency for the purposes of mitigating its damages until
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such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in
default or that the Local Agency's action/inaction was excusable, such termination shall be treated
as a termination for convenience, and the rights and obligations of the parties shall be the same as if
the contract had been terminated for convenience, as described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and
that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,
Region 4 1420 2"d Street, Greeley, CO 80631. 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 4 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:
Scott M Rees, PE
CDOT Region 4
2207 E. Highway 402
Loveland, Colorado 80537
(970)622-1277
Section 16. Successors
If to the Local Agency:
Wayne Howard, PE
Weld County
PO Box 758
Greeley, Colorado 80632
(970) 304-6496
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
Page 8 of 12
benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or
Page 9 of 12
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. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within the
current term due to unexpected overmatch, add a phase without increasing contract dollars, or
increase or decrease the amount of funding. These options are limited to the specific
scenarios listed below. The Option Letter shall not be deemed valid until signed by the State
Controller or an authorized delegate. Following are the applications for the individual options
under the Option Letter form:
Option 1 - Option to extend or renew (this option applies to Highway and Signal maintenance
contracts only). In the event the State desires to continue the Services and a replacement
contract has not been fully approved by the termination date of this contract, the State, upon
written notice to Contractor, may unilaterally extend this contract for a period of up to one (1)
year. The contract shall be extended under the same terms and conditions as the original
contract, including, but not limited to prices, rates and service delivery requirements. This
extension shall terminate at the end of the one (1) year period or when the replacement contract
is signed by the Colorado State Controller or an authorized delegate.
The State may exercise this option by providing a fully executed option to the contractor,
within thirty (30) days prior to the end of the current contract term, in a form substantially equivalent
to Exhibit C. If the State exercises this option, the extended contract will be considered to include
this option provision. The total duration of this contract, including the exercise of any options under
this clause, shall not exceed five (5) years.
Option 2 — Level of service change within current term due to unexpected overmatch in an
overbid situation only. In the event the State has contracted all project funding and the Local
Agency's construction bid is higher than expected, this option allows for additional Local
Overmatch dollars to be provided by the Local Agency to be added to the contract. This option
is only applicable for Local Overmatch on an overbid situation and shall not be intended for any
other Local Overmatch funding.
The State may unilaterally increase the total dollars of this contract as stipulated by the executed
Option Letter (Exhibit C), which will bring the maximum amount payable under this contract
to the amount indicated in Section 4 attached to the executed Option Letter. Performance of the
services shall continue under the same terms as established in the contract. The State will use the
Financial Statement submitted by the Local Agency for "Concurrence to Advertise" as evidence
of the Local Agency's intent to award and it will also provide the additional amount required to
exercise this option. If the State exercises this option, the contract will be considered to include
this option provision.
Page 10 of 12
Option 3 — Option to add overlapping phase without increasing contract dollars. The State may
require the contractor to begin a phase that may include Design, Construction, Environmental,
Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original
contract with the contract dollars remaining the same. The State may exercise this option by
providing a fully executed option to the contractor within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exhibit C. If the State exercises this
option, the contract will be considered to include this option provision.
Option 4 - To update funding (increases and/or decreases) with a new Section 4. This option
can be used to increase and/or decrease the overall contract dollars (state, federal, local match,
local agency overmatch) to date, by replacing the original funding in the Original Contract with
an updated Section 4.
The State may have a need to update changes to state, federal, local match and local agency
overmatch funds as outlined in Section 4, which will be attached to the option form. The State
may exercise this option by providing a fully executed option to the contractor within thirty (30)
days after the State has received notice of funding changes, in a form substantially equivalent to
Exhibit C. If the State exercises this option, the contract will be considered to include this
option provision.
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 Depaituient 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 11 of 12
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
Weld County
Legal Name of Contracting Entity
2000084
CDOT Vendor Number
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners f Weld County
By
t
William F. Garcia, Chair
ATTEST:
Weld County Clerk to the B
By
Deputy Clerk he Board
JAN 1 2 2G09
STATE OF COLORADO:
BILL RITTER, JR.
GOVERNOR
BY (lP
For Executive Director
Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is
signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for
the goods and/or services provided.
STATE CONTROLLER:
DAVID J. MCDERMOTT, CPA
By 4141 Q61(
Date 21(2 /
Page 12 of 12
0?CD>- C//O
Exhibit A
SCOPE OF WORK
This scope of work includes a traffic signal to be added to the intersection of SH66 and Weld
County Road (WCR) 9 'A. This signal was requested by Weld County and approved by Region
Four Traffic and justified by a traffic study performed by FHU Engineering in April 2008. The
location for this work is between Stations 2067+00 and 2069+00. This work will be completely
within the project limits of CDOT project IM 0253-164 (SA # 13192) "1-25: n/o SH119 to n/o
SH66". Weld County has agreed to pay this by Intergovernmental Agreement.
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit C
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND cannot be used in place of exercising a formal amendment.
Exhibit
Date:
State Fiscal Year:
Option Letter No.
CLIN Routing #
Vendor name:
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this
renewal cannot be used to make any change to the original scope of work;
2. Level of service change within current term due to an unexpected Local overmatch on an overbid
situation ONLY;
3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads);
4. Option to update funding (a new Exhibit C must be attached with the option letter and shall be labeled
C-1 (future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.)
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth
below:
(Insert the following language for use with Options #1):
In accordance with Paragraph(s) of contract routing number (insert FY, Agency code, & CLIN
routing if) between the State of Colorado, Department of Transportation, and (insert contractor's name) the
state hereby exercises the option for an additional term of (insert performance period here) at a cost/price
specified in Paragraph/Section/Provision of the original contract, AND/OR an increase in
the amount of goods/services at the same rate(s) as specified in Paragraph of the
original contract.
(Insert the following language for use with Option #2):
In accordance with the terms of the original contract (insert FY, Agency code & CLIN routing #) between the
State of Colorado, Department of Transportation and (insert contractor's name here) the State hereby
exercises the option to record a level of service change due to unexpected overmatch dollars due to an
overbid situation. The contract is now increased by (indicate additional dollars here) specified in
Paragraph/Section/Provision of the original contract.
(Insert the following language for use with Option #3):
In accordance with the terms of the original contract (insert FY, Agency code & CLIN routing #) between the
State of Colorado, Department of Transportation and (insert contractor's name here), the State hereby
exercises the option to add an overlapping phase in (indicate Fiscal Year here) that will include (describe
which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous). Total funds for this contract remain the same (indicate total dollars here) as
referenced in Paragraph/Section/Provision/Exhibit of the original contract.
(Insert the following language for use with Option #4):
In accordance with the terms of the original contract (insert FY, Agency code & CLIN routing #) between
the State of Colorado, Department of Transportation and (insert contractor's name here) the State hereby
exercises the option to update funding based on changes from state, federal, local match and/or local
agency overmatch funds. The contract is now (select one: increased and/or decreased) by (insert dollars
Exhibit C — Page 1 of 2
Exhibit C
here) specified in Paragraph/-Section/-Provision/Exhibit of the original contract. A new
Exhibit C-1 is made part of the original contract and replaces Exhibit C. (The following is a NOTE only so
please delete when using this option: future changes for this option for Exhibit C shall be labeled as
follows: C-2, C-3, C-4, etc.)
(The following language must be included on all options):
The amount of the current Fiscal Year contract value is (increased/decreased) by ($ amount of change) to a
new contract value of ($ ) to satisfy services/goods ordered under the contract for the current
fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is hereby
modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
For the Contractor:
Legal Name of Contractor
By:
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
Bill Ritter, Jr., Governor
By: Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not
valid until signed and dated below by the State Controller or delegate. Contractor is not authorized
to begin performance until such time. If Contractor begins performing prior thereto, the State of
Colorado is not obligated to pay Contractor for such performance or for any goods and/or services
provided hereunder.
State Controller
David J. McDermott, CPA
By:
Date:
Issuance date: July 1, 2008
Updated: June 12, 2008
Exhibit C -- Page 2 of 2
Exhibit D
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
IM 0253-164
STIP No
SP4028
Project Code
13192
Region
4
Project Location
I-257 rnlo SI-I 119 to No 5H 66
Date
10/30/08
Project Description
Traffic signal at intersection of Weld County Road 9.5 and SH 66
Local Agency
Weld County
Local Agency Project Manager
Wayne Howard
COOT Resident Engineer
Scott Ellis
CDOT Project Manager
Scott Rees
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the COOT Local Agency Manual
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither COOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "#" will denote that COOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated The Regions. in accordance with established policies and
procedures. will determine who will perform all other tasks that are the responsibility of COOT.
The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local
Agency Project Manager, and subnrtted to the Region Program Engineer. II contract administration responsibilities change, the
COOT Resident Engineer: in cooperation with the Local Agency Project Manager: will prepare and distribute a revised checklist.
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA COOT
TIP / STIP AND LONG-RANGE PLANS
f x
2.1 1 Review Project to ensure it is consist with STIP and amendments thereto T
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4 1 IAuthorize
funding by phases (COOT Form 418 - Federal -aid Program Data Requires FHWA
can cu rrenceAnvotvement i
X
PROJECT DEVELOPMENT
5.1
Prepare Design Data - COOT Form 463
X
5.2
Prepare Local Agency/COOT inter -Governmental Agreement (see also Chapter 3)
X
5.3
Conduct Consultant Selection/Execute Consultant Agreement
NA
5.4
Conduct Design Scoping Review Meeting
NA
5.5
Conduct Public Involvement
NA
5.6
Conduct Field Inspection Review (FIR)
NA
5 7
Conduct Environmental Processes (may require FHWA concurrence/involvement)
NA
5.8
Acquire Right -of -Way (may require FHWA eoncunence/mvolvementt
NA
5.9
Obtain Utility and Railroad Agreements
NA
5 10
Conduct Final Office Review (FOR)
NA
5.11
Justify Force Account Work by the Local Agency
NA
5 12
Justify Proprietary; Sole Source: or Local Agency Furnished Items
NA
5.13
Document Design Exceptions - COOT Form 464
X
5 14
Prepare Plans. Specifications and Construction Cost Estimates
X
5 15
Ensure Authorization of Funds for Construction
X
CDOT Form 1243 09105 Pagel of 4
Previous editions are obsolete and may not be used
Exhibit D — Page 1 of 4
Exhibit D
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1
Set Underutilized Disadvantaged Business Enterprise (IJBDE) Goals for Consultant and
Construction Contracts (COOT Region EFO/Civil Rights Specialist)
X
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 project location (Projects located on local roads and rural
minor collectors may be exempt 1
Scott C. Ellis 10/30/08
X
CDOT Resident Engineer (Signature on File) Date
6.3
Set On -the -Job Training Goals. Goal is zero if total construction is less than S t million ti OOT
Region EEO/Civil Rights Specialist,
X
6.4
Title VI Assurances
X
Ensure the correct Federal Wage Decision. all required Disadvantaged Business
Enterprise/On-the-Job Training speaal provisions and FHWA Form 1273 are included in the
Contract (CDOT Resident Engineeo
X
ADVERTISE, BID AND AWARD
7.1
Obtain Approval for Advertisement Period of Less Than Three Weeks
NA
7.2
Advertise for Bids
NA
7.3
Distribute "Advertisement Set" of Plans and Specifications
NA
7.4
Review Worksite and Plan Details with Prospective Bidders While Project Is Under
Advertisement
NA
=
Open Bids
NA
7.8
Process Bids for Compliance
-.
Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals
X
Evaluate COOT Form 713 - Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet
DBE goals
X
Submit required documentation for CDOT award concurrence
X
7 7
Concurrence from COOT to Award
X
7.8
Approve Rejection of Low Bidder
X
7.9
Award Contract
X
7.10
Provide 'Award" and 'Record" Sets of Plans and Specifications
X
CONSTRUCTION MANAGEMENT
8.1
Issue Notice to Proceed to the Contractor
X
8.2
Project Safety
X
8.3
Conduct Conferences.
Pre -Construction Conference (Appendix Ri
X
Pre -survey
• Construction staking
• Monurnentation
X
X
Partnering (Opliman
NA
S
Structural Concrete Pre -Pour !Agenda is in COOT Consirucfron Manua°
NA
Concrete Pavement Pre -Paving (Agenda is in COOT Conttructron Manua°
NA
HMA Pre -Paving {Agenda is in COOT Construction Manua°
NA
8 4
Develop and distribute Public Notice of Planned Construction to media and local residents
NA.
8.5
Supervise Construction
A Professional Engineer (PE) registered in Colorado, vAto will be "in responsible charge of
construction supervision"
Scott M. Rees (970) 2940080
X
Local Agency Professional Engineer or Phone number
COOT Resident Engineer
COOT Form 1241 01/06 Page2 of 4
Previous editions are obsolete and may not be used
Exhibit D — Page 2 of 4
Exhibit D
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
X
Construction inspection and documentation
X
8.6
Approve Shop Drawings
X
8 7
Perform Traffic Control Inspections
X
8.8
Perform Construction Surveying
X
8.9
Monument Right -of -Way
X
8.10
Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Scott M. Rees (9701290-0080
X
Local Agency Representative Phone number
8.11
Prepare and Approve Interim and Final Utility and Railroad Billings
NA
8 12
Prepare Local Agency Reimbursement Requests
X
813
Prepare and Authorize Change Orders
X
8.14
Approve All Change Orders
X
8.1 S
Monitor Project Financial Status
X
8.18
Prepare and Submit Monthly Progress Reports
X
8.17
Resolve Contractor Claims and Disputes
X
8.18
Conduct Routine and Random Project Revtaws
Provide the name and phone number of tie person responsible for this task.
Scott M Rees (970) 290.0080
X
COOT Resident Engineer. Phone number
MATERIALS
9 1
Conduct Materials Pre -Construction Meeting
X
9
Complete COOT Form 250 - Materials Documentation Record
• Generate form. which includes detemtining the minimum number of required tests and
applicable material submittais for all materials placed on the project
• Update the form as work progresses
• Complete and distribute form after work is completed
X
X
X
9.3
Perform Project Acceptance Samples and Tests
X
9 4
Perform Laboratory Verification Tests
X
9 5
—9
.6
Accept Manufactured Products
Inspection of structural components
• Fabrication of structural steel and prestressed concrete structural components
• Bridge modular expansion devices (0" to a. or greater)
• Fabrication of bearing devices
X
X
X
X
Approve Sources of Materials
X
9.7
Independent Assurance Testing (tAT), Local Agency Procedures O COOT Procedures ISI
• Generate tAT schedule
• Schedule and provide notification
• Conduct IAT
X
X
X
9 8
Approve mix designs
• Concrete
• Hot nix asphalt
NA
NA
9.9
Check Final Materials Documentation
- X
9.10
_ Complete and Distribute Final Materials Documentation
--
X
CDOT Form 1243 09,06 Page3 of 4
Previous editions are obsolete and may not be used
Exhibit D Page 3 of 4
Exhibit D
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10 1
Fulfill Project Bulletin Board and Pre -Construction Packet Requirements
X
10.2
Process CDOT Form 205 - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
X
10.3
Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 260
X
10.4
Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
"Commercially Useful Function' Requirements
X
10.5
Conduct Interviews When Project Utilizes On -the -Job Trainees. Complete CDOT Form 200 -
OJT Training Questionnaire
X
10.6
Check Certified Payrolls (Contact the Regim EEOICivil Rights Specialists for training requirements.)
X
10.7
Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report
X
FINALS
11.1
Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency pertaopaticn.)
X
11 2
Write Final Protect Acceptance Letter
X
11 3
Advertise for Final Settlement
X
11.4
Prepare and Distribute Final As -Constructed Plans
X
11 5
Prepare EEO Certification
X
11.6
Check Final Quantities, Plans. and Pay Estimate, Check Project Documentation, and submit
Final Certifications
X
11.7
Check Material Documentation and Accept Final Material Certification (See Chapter 9)
X
11 8
Obtain COOT Form 17 from the Contractor and Submit to the Resident Engineer
X
11.9
Obtain FHWA Form 47 • Statement of Materials and Labor Used ... from the Contractor
X
11.10
Complete and Submit CDOT Form 1212 — Final Acceptance Report (by CDOT)
X
11.11
Process Final Payment
X
11 12
Complete and Submit COOT Form 950 - Project Closure
X
11 13
Retain Project Records for Six Years from Date of Project Closure
X
11 14
Retain Final Version of Local Agency Contract Administration Checklist
X
cc: CDOT Resident Engineer/Protect Manager
CDOT Region Program Engineer
COOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
COOT Contracts and Market Analysts Branch
Local Agency Project Manager
CDOT Form 1241 09/06 Pages of 4
Previous editions are obsolete and may not be used
Exhibit D — Page 4 of 4
Hello