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Home My WebLink About20072901 RESOLUTION RE: APPROVE CONTRACT FOR WELD COUNTY DEFENSE ACCESS ROADS 16165 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 Weld County Defense Access Roads 16165 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, commencing upon full execution, and ending December 31, 2007, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Weld County Defense Access Roads 16165 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 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 September, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: P4m,t, 4 �, ,p' , • i y CUSED 1161 1 11172 vid E. Long, Chair Weld County Clerk to the :y:rd ��► CUSED A�,w 'T4' f illia e Pro-Tem De ty Cle to the Board, 11 l William F. p(� Garcia ED AS ORM: Yb. ' — Robert D. Masden, Acting Chair Pro-Tem ounty Attorney Date of signature: 1' 107 Douglas ademach r 2007-2901 (() ; t) 5 EG0056 0f 027-07 kiiHe MEMORANDUM TO: Clerk to the Board DATE: September 6, 2007 FROM: Pat Persichino, Public Works COLORADO SUBJECT: Consent Agenda Item Please submit this item for the chair's signature. Enclosed are three duplicate, original Contracts with the State of Colorado, Department of Transportation, for Weld County Defense Access Roads 16165 Upon execution, please return all three original contracts to Public Works. M:\Francfe\Agenda Item.doc • a myO ' . I U'n cp C3 F ccil� r 0 2007-2901 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch I; ►OT 4201 East Arkansas Avenue,4th Floor _ Denver,Colorado 80222 Telephone:(303)757-9736 Facsimile: (303)757-9868 August 10, 2007 - ;1 George Van Dorin AUG 1 4 007 Project Manager L Weld County Public Works PO Box 758 WELD C0UNIY PUPLIC '!'J0PkS DEPT Greeley, CO 80632 RE: Weld County— Defense Access Roads16165 Enclosed lease find three executo co ies e ove referenced contract between Weld ounty and the Colorado Department of Transportation. PLEASE MAKE SURE EACH DOCUMENT IS SIGNED BY THE APPROPRIATE INDIVIDUAL HAVING THE AUTHORITY TO EXECUTE SUCH AGREEMENTS ON BEHALF OF THE TOWN OF VAIL. ADDITIONALLY, PLEASE HAVE THAT PERSON'S SICNATURE ORIZED tTb0 SO, AND HAVE THE TOWN C ERK'S SEAL AFFIXED TO EACH DOCUMENT. (The purpose of the attestation is to certif that the individual signing the agreement has the authority to sign the agreement on behalf of the Town of Vail.) Please return three original copies to my attention. In addition, please attach a copy of the ordinance or resolution passed by County's governing board approving the contract. Note: Subject to the rules of the Colorado State Controller in effect on the date this contract is prepared or fully executed by the State, the recitals, terms, and conditions of this contract shall remain valid for a period of six (6) months from the date of this letter. If this contract is not fully executed by all parties before the end of such six (6) month period, CDOT, at its sole discretion, may require a renewed contract request from your organization or agency, and the issuance of new executories. Please call me at(303) 757-9399 if you have any questions or if I can be of further assistance. cerely, Paula on Contracting Officer 4 1. (State $LAWRK) Rev 10/03 Gar C030-033(16165) 08 HA4 00016 REGION 4(pw) SAP ID _271000593 �.� CONTRACT THIS CONTRACT made this �' day of 20 01 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 and Weld County, P.O. Box 758, Greeley, Colorado, 80632, 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 3403, GL Acct. 4231200011, WBS Element 16165.10.50, (Contract Encumbrance Amount: $25,000.00). 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. Pursuant to the provisions of Section 210 of Title 23, United States Code, and authority delegated by the Secretary of Transportation, FHWA is authorized to provide for the maintenance of Defense Access Roads. 5. Pursuant to § 43-1-223, C.R.S. and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. 6. The Local Agency has requested that a certain local transportation project be funded as part of the Program, and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form#463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form#463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. Page 1 of 19 6007-a 9O/ 7. Local Agency anticipates a project of providing extraordinary maintenance and snow removal of selected Transporter Erector Routes serving F.E. Warren Air Force Base and a cattleguard installation at Weld County Road 120 and SH 71, and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form#463 describing the general nature of the Work.The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form#463, as it may be revised. 8. The Local Agency has requested that State funds be made available for project GAR CO30-033(16165), which shall consist of providing extraordinary maintenance and snow removal of selected Transporter Erector Routes serving F.E. Warren Air Force Base and a cattleguard installation at Weld County Road 120 and SH 71, referred to as the"Project"or the"Work."Such Work will be performed in Weld County, Colorado, specifically described in Exhibit A. 9. The matching ratio for this federal aid project is 100% federal-aid funds to 0% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non-participating costs shall be bome by the Local Agency at 100%. 10. The Local Agency desires to comply with the Federal Provisions and other applicable requirements, including the State's general administration and supervision of the Project through this contract, in order to obtain federal funds. 11. 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. 12. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 12. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of project CO30-033(16165), which shall consist of providing extraordinary maintenance and snow removal of selected Transporter Erector Routes serving F.E. Warren Air Force Base and a cattleguard installation at Weld County Road 120 and SH 71 in Weld County, Colorado, as more specifically described in Exhibit A. Page 2 of 19 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. Special Provisions contained in section 27 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Contract Modification Tools) 5. Exhibit D (DBE Requirements) 6. 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 December 31, 2007. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost of the work to be $25,000.00 which is to be funded as follows: Federal Funds: $25,000.00 Total Funds: $25,000.00 C. The maximum amount payable to the Local Agency under this contract shall be $25,000.00, 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 Page 3 of 19 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 4. Project Funding Provisions The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall provide its share of the funds for the Project as outlined in Exhibit C. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for the federal-aid share of the project charges after the State's review and approval of such charges, subject to the terms and conditions of this contract. However, any charges incurred by the Local Agency prior to the date of FHWA authorization for the Project and prior to the date this contract is executed by the State Controller or his designee will not be reimbursed absent specific FHWA and State Controller approval thereof. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. in accordance with the provisions of Exhibit C and with the terms and conditions of this contract; 2. necessary for the accomplishment of the Work; 3. reasonable in the amount for the goods and services provided; 4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. incurred for Work performed after the effective date of this contract; 6. satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project Page 4 of 19 funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. Upon execution of this contract, the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of Work. The Local Agency understands and agrees that the State may perform such services, and that payments for such services shall be at no cost to the State but shall be as provided for in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. E. If the Local Agency is to be billed for COOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid Page 5 of 19 in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. F. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency'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 to be supplied by the State. G. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit E 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 E. 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 Page 6 of 19 Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. 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. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Attachment #1 (Exhibit H) attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such changes in the contract Page 7 of 19 shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Attachment 1 [change] to administer that design consultant subcontract, to comply with 23 CFR 172.5(b) and (d). (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Attachment 1 [change] and 23 CFR 172.5(b)and (d). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i)and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. 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; Page 8 of 19 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. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer(LAPE),to perform that administration. The LAPE 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, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) 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. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State Page 9 of 19 specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E, within the Work of this contract. Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all 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: Page 10 of 19 • 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/. 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 to the State 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 Local Agency 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. Page 11 of 19 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 State and 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 Local Agency's obligations to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, commu- nications, 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 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. Page 12 of 19 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. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. 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 2nd Street, Greeley, CO 80621. 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. Page 13 of 19 If to State: If to the Local Agency: Wendy Turner George Van Dorin CDOT Region 4 Project Manager Project Manager Weld County Public Works 1420 2nd Street PO Box 758 Greeley, CO 81631 Greeley, CO 80632 970-350-2182 970-304-6496 Section 16. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its 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. Page 14 of 19 Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations.Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. 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 of the 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. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of Page 15 of 19 this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 26. 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 16 of 19 • Section 27. SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 2430.202(1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any actor omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. (Applicable Only to Intergovernmental Contracts]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,CRS 24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization,express or implied,to bind the state to any agreement, liability or understanding,except as expressly set forth herein. Contractor shall provide and keep in force workers'compensation (and provide proof of such insurance when requested by the state)and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws,rules,and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202(1)and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debt or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in Article 21, Title 39,CRS; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State or its agencies,as a result of final agency determination or reduced to judgment,as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this contract,including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS — PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contractor enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents,warrants,and agrees that it(i)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security,and(ii)otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq.,shall because for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor,if a natural person eighteen(18)years of age or older,hereby swears or affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)shall comply with the provisions of CRS 24-76.5-101 et seq.,and(iii)shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25,2006 Effective Date of Special Provisions:August 7,2006 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF OLORADO: BIIILLLLL RITTER, JRGOVERNOR Weld County By �/(.�r �\- ' l,G V /Legal Name Name of Contracting Entity Executive Director Department of Transportation 2000084 CDOT Vendor Number � J \Lqr� \Q—J LEGAL REVIEW: Signature o Authorized Officer 09/12/2007 JOHN W.SUTHERS ATTORNEY GENERAL • Robert D. Masden, Acting Chair Pro—Tern By , �'`'�(''t_,'_`'� Print Name&Title of Authorized Officer ' ` 1 �` CORPORATIONS: t, a►► • (A coyporate a e do i rehired.) ,4t,1 4/ 1861 thrtaell a44, I. Attest(Seal)By u1�MA d6` 4 : / X11 (Como a Secre or Equivalent,or T wn/City/County Clerk) . Orme. ere,if available) 110. AC ALL CONTRACTS MUST BE APPROVED BY THE ‘TATE 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: LES M. SHENEFELT Q. By —7 Date al 7-029e • 1 =JUL-2007 16:04 FR0µ-CD0T GREELEY TRAF +9703502258 T-689 P.002/004 F-419 COLORADO DEPARTMENT OF TRANSPORTATION Ong.Ooto;01/31/2007 Project Code#(SAM:16165 I STIP#.5R46600 DESIGN DATA Rev.Oate: Project#:GAR C0304)33 Revelan#: 0 PE Project Code: Page 1 to 3 Region#:04 Project Description:WELD COUNTY DEFENSE Status: O Preliminary ® Final ❑ Reviseo ACCESS MAINTENANCE County:123 Submitted By PM:TURNERW EAPprovo Y Program Englnoor. Date:03/26/2007 </�,,,..�J-y 7�,.p4. ._. Muntapaaty:Weld County / System Code:2-Not on any Federal System Revised by. Oversight By.A-Exempt Date: Planned Length: 0.000 Geographic Location:WELD ELD COUNTY Type of Toma)n: Doscdpton of Proposed Construodon/ImprovementfArcecn map snowing she location) WELD COUNTY DEFENSE ACCESS ROADS MAINTENANCE IProJect Characteristics(Proposed) Median(Type): ❑ Depressed In Painted O Raised ❑ Norio • Lignnng 11 Handicap Rumps O Traffic Control Signals Fj Striping ❑ Curb and Gutter ❑ Curb Only O Left-Turn Slots 0 Continuous Width= fl Sldwalk Maine 1-1 Bikeway Widths 11 Right-Turn slits ['Y Conanuous WIdeF Q Parking Lana Width= n Detours Signing f,1 Construction fl Permanent ❑ Landscaping requirements(description): O Other(deecripdon): Road mot ,4enonce, Caf{IeGua.rd -Lns�niIa4-con ©Right of Way Yea/No Est.# Utilities NM names of mown utility companies) ROW&/ee Perm.Easement Requirod No Relocation Required No Temporary Easement Requlrod: No Changes in Access: ND Changes:o Connecting Roads: NO jRailroad Crossings #of Crossings: Recommendations ©EnvironmentalType: rr,, Approved Orc under Project Code: Projectp: -�.r f'Tr :Jr'tf(Pmc.,,it .`1 •l:'l 16166 Comments; Coordination ❑ W hhdrewn Lands(Power Silas,Reservoirs.Etc.)Cleared through BIM or Forost Service Office Irrigation Ditch Name: ❑ New Traffic Ordinance Required O Modify Soheddle of Existing Ordinance Muncipallty.Weld County Other. Al Construction Method Advertised By: ND.Ad Reason Entity/AgencyContact Name: Phone#. _None Local FlA George Van Donn 970-304-6496 laSafety Considerations Project Under.Other Criteria Guardmli meets curront standards: No (i Variance in Minimum Design Standards Rcgwrnd O 5erety Project not all standards Comments: ❑ Justification Attached 0 Request to oc Submitted addressed ❑ Bridge(see sem 12) 1] 5cc Rewrite fl Stage Construction fespiain in remarks) _ 3R projects Surety Evawa6en Comphelu Idabr.): tXHIBILA 18.-JUL-200T 16:04 FROM-c GREELEY T +GT03502258 Nn P.003/004 F-419 } } ct _ ] \ ! ! ! : on ! / \ \ / | ) ; O ! ` | i E = | } / � 0 ! S \ � } ) — c 2 $Lill $ _ ` O i TA, _ ; ; $ E ce § \To t : 11 i ; ) } - { ) — / _ -a i - EE f% ! } : � | 8t 3 ; f OO i ) / { § ! ; 1. o \ ) � § ) § * i r.� ! \ k ! . E !© , - la i ; 2 at v._ \ - = \ \ ) ! ! \ ! \ § . ) 73 | ( ! ! ; / # c / - T - k \ � § ! / ` lmf � ) t22lf ; ® { % ! ! | 2 / 2 ) ei ! ! ! ! c . • j M\ \ �! ! ! \% �S . 18-4UL-2007 16:04 FROM-CDOT GREELEY TRAF +9703502258 T-689 P.004/004 F-419 Page 3 of 3 Protect Coda x(SAag Protect II: Revise Data: 16155 GAR C030-033 ®Major Structtsros 9=to stay,R.to be removed.P.proposod newstructure Relerenwi Standard Structure Sirudwal Horizontal Vertical Year Sm chirp 0* • Length Point Feature lnrerseclod Width Roadway Capacity Clearance Clearance Built Proposed Treament ci eddgas to Remain In Place(addrbss badge rat capacity,and allowable surfacing thickness): ®Remarks Weld County is responsible for maintaining selected Transporter Erector Routes serving F.E.Warren Air Force Base. This project allows Weld County maintenance forces to perform extraordinary road maintenance on defense access roads. 99 101 103 105 107 109 111 113 115 117 119 121 123 125 127 129 131 133 135 137 139 141 143 145 147 149 151 153 155 157 149 ' utr ' ■ 133 138 136 ...., 426 ............. ■ c . y 134 134 ;RHSIIIYIRiW5� WWIRIMIIIIIIM*WS" 132 0 130 S 120 128 N�M11®IM�164 6 126 124 !1I�{ II�SX11�gINYW1111i 124 ₹ A 122../Mdl 120 120 ₹ .110 118 Myyyy. 116 116 i 114 4 112 2 y9i� ,33 119646149.819MIRRIMI G;, 110 110 _ i_. �.,n.-.�. s I tae ma B 06 04 RTy 104 , ......._ : q 102 i 02 00 wet , 9s Wags sb . _ b 94 92 92 4¢1 JV 0 µ 90 66 86 tea .- F I —I—) 16 64 84 , 62 I Q so 7d 'Vtll iM 1b5 10Y�7�Y flti "�13 515 1fi i1B 121 II3'�125� it 1f9 131 133135•l1) i�B At 143 115 -1Q 14B 151 15J 155 167 h 10 Legend ei its Weld Count 4 cat 1� Grader Zones R. AirForce Roads ft. ore Gravel Department of Public Works a Highways 42 August 2005 x * Grader Stations • Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION • Exhihit C EXHIBIT C FUNDING PROVISIONS A. The Local Agency has estimated the total cost the Work to be$25,000.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $25,000.00 (100% of Participating Costs) b. Local Agency Matching Funds $0.00 (0%of Participating Costs) Local Agency Matching for CDOT - c. Incurred Non-Participating Costs $0.00 (Including Non-Participating Indirects) TOTAL BUDGETED FUNDS $25,000.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 (% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $0.00 Non-Participating Costs (Including Non- Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $25,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $25,000.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount($0.00 divided by 100%) $0.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $25,000.00 WBS Element XXX $25,000.00 Exhibit C Page 1 of 2 4 Exhibit C B. The matching ratio for the federal participating funds for this project is 100% federal-aid funds (CFDA#20 2050)to 0% Local Agency funds, it being understood that such ratio applies only to the $25,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $25,000.00, and additional federal funds are made available for the project, the Local Agency shall pay 0% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $25,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. The maximum amount payable to the Local Agency under this contract shall be $25,000.00 (For CDOT accounting purposes, the federal funds of$25,000.00 and local matching funds of $0 will be encumbered for a total encumbrance of $25,000.00), 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 federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, 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. Exhibit C Page 2 of 2 4 Exhibit D COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on May 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 (Region use) Date: Project code To: CDOT Controller(FAX#(303)757-9573 or e-mail CONTROLLER) Project# From: Office: Phone# FAX# Region# 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? $ yes no Previous Funding Letter(s)total Preparer's name (Funding letter#1 thru#_j PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval n_) 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 D—Page 1 of 1 Exhibit E DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The contractor(subrecipient)shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 Exhibit E Page 1 of 1 t • Exhibit F LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 — NOT APPLICABLE Exhibit F Page 1 of 1 A Exhibit G ATTACHMENT#1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations(CFR)172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states"The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a)and are issued to ensure that a qualified consultant is obtained through an equitable selection process,that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost"and according to 23 CFR 172.5"Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.)24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services.This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services,the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S.24- 30-1405. The public notice period,when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of ten percent (10%) for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, Exhibit G—Page 1 of 2 M . Exhibit G b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected,the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees(profit)are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6)to fifteen (15) percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete,accurate,and consistent with the terms,conditions,and specifications of the contract. At the end of project, the local agency prepares a performance evaluation (a CDOT form is available)on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three(3)years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S.24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D.400.1, provide additional details for complying with the eight (8)steps just discussed. Exhibit G— Page 2 of 2 Hello