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Home My WebLink About20051659.tiff RESOLUTION RE: APPROVE CONTRACT FOR IMPROVEMENTS TO THE INTERSECTION OF STATE HIGHWAY 257 D WELD COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN - • _ - • ■ i'='�" TRANSPORTATION (CDOT) WHE AS, the Board of Coy 'ommissioners of Weld County, Colorado, pursuant to Colorado stat and e County Home Rule Charter, is vested with the authority of administering th- .ffai s of W d unty, Colorado, and WHEREAS, e Board has been presented with a Contract for Improvements to the Intersection of State .h ay 257 a eld County Road 74 between the County of Weld, State of Colorado, by and thro .h t e Boa of ounty Commissioners of Weld County, on behalf of the Department of Public Wo s, nd Co rad Department of Transportation (CDOT), with further terms and conditions being :s tated i said contract, and WHEREAS, after revie , the ar e it advisable to approve said contract, a copy of which is attached hereto and inco . ated her ' y reference. NOW, THEREFORE, BE IT - LVED by the Board of County Commissioners of Weld County,Colorado,that the Contract for ' prinmpents to the?ntersection of State Highway 257 and Weld County Road 74 between the Cou of Weld, State of Colorado, by and through the Board of County Commissioners of Weld Coun , on behalf of the Department of Public Works, and Colorado Department of Transportation (C i • e, ereby is, approved. BE IT FURTHER RESOLVED by the Bo rd air be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on '. ion duly ade and sec■ ded, adopted by the following vote on the 6th day of June, A.D., 2005. ,, ` I. ♦ BOARD of C► . COMMISSIONERS fJ WELD CO N , CsLeRADO William H. Jerk- r. ti "- ■ ■ i y Clerk to the Board Deputy Clerk to the Board C e cc D O • D12�, ' I► Robe-t D. Masde ounty Attorney J g `` Glenn aad Date of signature: Ln —� f 2005-1659 EG0052 ('0 . PWLSo 5 � n& -aa -US- ritt-tic; MEMORANDUM CTO: Board of County Commissioners DATE: June 1, 2005 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Attached are four original contracts with CDOT for the improvements to the intersection of State Highway 257 and WCR 74. Please return the original agreements and the Resolution to Public Works. When the fully executed documents are returned from CDOT,we will provide one to the Clerk to the Board. Enclosures pc: Wayne Howard M:Al-FrancieAAGENDA-S.doe 2005-1659 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION A� Region Four , D OT 3939 Riverside Parkway, Unit A Evans,CO 80620 (970)506-4949 Fax(970)339-9530 DEPARTMENT OF TRANSPORTATION May 23, 2005 Wayne Howard 1111 H Street P.O. Box 758 Greeley, CO 80632-0758 RE: Contract between Weld and CDOT Colorado Project No.: STA 2571-009, SH 257 & CR 74, Int. Impvts, 14905 Dear Mr. Howard: Please find enclosed four executory copies of the contract for the above captioned project. Please have all three copies signed, attested, and sealed. Attach a copy of either the appropriate ordinance or resolution approving the contract. When completed, keep one copy for your records and forward the remaining three copies with the ordinance or resolution to me. Please contact me if you have questions. Thank you, I'� ✓`�'� �i /' `7't.0� /isoL�r�� Robin Stoneman Project Manager 970-506-4952 Cc: File "Taking Care To Get You There" (Local $CDOTWRK) Rev 10/03 PROJECT STA 2571-009, (14905) 05 HA4 00014 REGION 4(nso) CMS ID 05-017 CONTRACT THIS CONTRACT made this'day of q 20 6 b and between the State of Colorado for the use and benefit of the COL CJR?.DO DEPARTMENT OF TRANSPORTATION hereinafter referred to as the State and WELD COUNTY, STATE OF COLORADO,P.O.Box 758 Greeley, Colorado, 80632,FEIN: 846000813 B hereinafter referred to as the"County"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, Appropriation Code 010, Organization Number 9991, Program 2000, Function 3020, Object 2312 1N Phase D, Reporting Category 4500, Contract Encumbrance Number 14905, (Contract Encumbrance Amount: $0.00). 2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended,the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4.The State anticipates a project for safety improvements 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 town and the county understand that,before the Work begins,form#463 may be revised as a result of design changes made by CDOT,in coordination with the parties,in its internal review process. The State desires to perform the Work described in form #463, as it may be revised. 5. The county has made funds available for project STA 2571-009(14905),which shall consist of the design and construction of intersection improvements at SH 257 and Weld county Road 74,referred to as the"Project"or the"Work." Such Work will be performed in Weld County,Colorado,specifically described in Exhibit A. 6. The county has funds available and desires to provide a contribution toward the cost of the work. 7. The State has estimated the total cost of the work and the county is prepared to provide its contribution required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the county,which expressly authorizes the Page 1 of 11 c�' 1eS -//S5 Local Agency to enter into this contract and to expend its funds for the work under the project. A copy of the Local Agency's ordinance or resolution is attached hereto and incorporated herein as Exhibits 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 the design and construction of intersection improvements at SH 257 and Weld County Road 74,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, the town and the county. Section 4. Project Funding Provisions A. The State has estimated the total cost of the work and the county is prepared to provide its contribution required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the county,which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the project. A copy of the Local Agency's ordinance or resolution is attached hereto and incorporated herein as Exhibits B. B. The CDOT has estimated the total cost the work to be$1,162,000.00,which is to be funded as follows: Page 2 of 11 a. Weld County Funds $270,666.00 b. Severance Funds (via separate contract) $100,000.00 b. Windsor(via separate contract) $170,666.00 c. HES Federal Grant $350,000.00 d. CDOT Funds $270,666.00 Total Funds: $1,162,000.00 C. The maximum amount payable by the county under this contract shall be$270,666.00,payable according to the terms set forth in Section 5 below; 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 and local agency sources,as applicable. Should these sources fail to provide necessary funds as agreed upon herein,the contract maybe terminated by any of the parties,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 county will reimburse the State for incurred costs relative to the project following the each entity's review and approval of such charges, subject to the terms and conditions of this contract. B. If the county are to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State,the county will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the county 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 parties agree that,at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the county 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 county fails to make timely payment to the State as required by this section (within 60 days after the date of each bill),the county 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 county,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 Page 3 of 11 performed,the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D describes the Work to be performed and assigns responsibility of that Work to the County and/or the State. The"Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit D. A. Design [if applicable] 1. If the Work includes preliminary design or final design(the"Construction Plans"),or design work sheets,or special provisions and estimates(collectively referred to as the"Plans"),the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design(Construction Plans)in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. 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 Page 4 of 11 meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. If the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. at the State's discretion, Weld County may perform the administrative function in accordance with the Local Agency Administrative Checklist. c. 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 town and the county 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 town and the county have 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 town and the county must declare its respective concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its c oncurrence i n such award, the town and/or the county, 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. d. 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. Page 5 of 11 Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible Party will certify in writing that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation,the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: • Federal participation in right of way acquisition(3111 charges),relocation(3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way—3114 charges); • Federal participation in right of way acquisition(3111 charges),relocation(3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition(311 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/DevelopProjects/DesignSupport. 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. Page 6 of 11 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations Weld County will maintain and operate the improvements constructed under this contract for only those improvements within County jurisdiction, either currently or in the future, which are not located on the state highway system, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. CDOT shall maintain and operate the improvements within state highway right of way. Such maintenance responsibilities shall be outlined in a separate agreement between Weld County and the State. 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 six (6) 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 Page 7 of 11 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 town and county of its intent to terminate and at least ten(10)days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination,all finished or unfinished documents,data, studies,surveys,drawings,maps,models,photographs and reports or other material prepared by the Local Agency under this contract shall,at the option of the State,become its property,and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency,and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined,for any reason,that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 14. Legal Authority Each party 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 each party to its terms. The person(s) executing this contract on behalf of the town or the county warrants that such person(s)has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the county through the State's Region Director, Region 4, 1420 2nd 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 county 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 county. 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 State: If to County Johnny Olson Wayne Howard CDOT Region 4 Project Manager Resident Engineer Weld County 3939 Riverside Pkwy Unit A P.O. Box 758 Evans, CO 80620 Greeley, Colorado 80632 (970) 506-4954 (970) 356-4000 Page 8 of 11 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. 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. Page 9 of 11 • 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 town or the county. 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. 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 l0 of 11 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS GOVERNOR WELD COUNTY, COLORADO By Cn Enna,U—.� Legal Name of Contracting Entity For Executi Director Department of Transportation 846000813 B Social Security Number or FEIN Signature of Authorized Officer William H. Serke. Chair Print Name &Title of Authorized Officer JUN 0 6 2UU5 CORPORATIONS: '_... . (A corporate seal or atte do i r t ) /t`� JE p®% �e Attest (Seal) By N. IS6 ( ' 1• clr'er : ':.�N'l:p:�y 'q 4. 1�� "E.:':3 i `�: '��♦ly.: ♦ � Deputy Clerk to the4, . r ,� Effective: April 1,2004 Page 11 of 11 a t,e• --/‘5.9 Colorado Department of Transportation Origin Date: 02/24/2005 Project code: 14905 I STIP number:R45427 DESIGN DATA Revise Date: Project number:STA 2571-009 PE Project Code PE Project Number U Metric ✓ English Revision#: Page 1 Region: 04 Status: O preliminary • final O revised Project description:SH 257&CR 74 Int. Impvts. Prepared by: Revised by: Robin Stoneman Countyl: Weld ICounty2: ICounty3: Date: 02/24/2005 Date: Municipality:Windsor Submitted by Proj.Mgr Approved by Preconstruction Engineer: System code: Other Federal Aid Highway ;.!-,...,r_:,::.. -r Oversight Exempt Date: 02/24/2005 Planned length:0.48 Geographic location: On SH 257 in Weld County,north of Windsor. Terrain type: O Level O Plains • Rolling O Urban O Mountainous Description of proposed construction/improvement(attach map showing site location) Design of Intersection Improvements at SH 257&Weld County Road 74. DTraffic (Note:use columns A,B,and/or C to identify facility described below) Current year: 2005 Future year: 2025 Facility location Facility I ADT DHV DHV%trucks ADT DHV Industrial Commercial Residential Other A SH 257 1 5295 530 9.2 1 8367 837 1 E ❑� ❑ El B 1 I I I 1 I ❑ I ❑ I ❑ I ❑ C I I I I I I ❑ I I I ©RdwyClass Route Refpt Endrefpt Functional classification Facility type Rural code 1. 257A 14.214 14.801 Minor Arterial Undivided _ 5,000-49,999 2. 3. ODesign Standards (Identify substandard items with a checkmark in 1st column and clarify in remarks) A= SH 257 B= C= Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Surface type HI HI HI Typical section type B B B f #of travel lanes 2 2 2 ❑ Width of travel lanes 12 12 12 Shoulder wd. It./median N/A N/A N/A Shoulder wd rt./outside 8 8 8 Side slope dist.("z") 8 8 8 Li Median width N/A N/A N/A f] Posted speed 65 65 65 n Design speed 65 65 65 U Max.superelevation .08 N/A N/A ❑ Min.radius 1485 N/A N/A L7 Min.horizontal ssd 645 >645 >645 I—I Min.vertical ssd 645 751 751 1__J Max.grade 4 2.32 2.32 Project under O 1R O 3R O 4R • Other: Full std criteria Existing guardrail meets current standards: O Yes O No Variance in minimum design standards required O Yes • No Safety project Comments: Justification attached Request to be submitted Not all standards N/A Bridge(see item 4) See remarks addressed I IstageConstruction EXHIBIT A, Page�_01 Resurfacing projects ❑Recommendations concerning safety aspects attached CBOT Form#463 1212003 Page 2 'Project Code: 14905 'Project Number: STA 2571-009 I Revise Date: 4 Major Structures =to stay,R=to be removed,P=proposed new structure I Standard Structure Horizontal Vertical Year Structure ID# I Length Ref.Point Feature Intersected Width Rdwy Load Clearance Clearance Built I I 1 I I I I I I I I I Proposed treatment of bridges to remain in place(address bridge rail,capacity,and allowable surface thickness) Project Characteristics (proposed) Median type:Q depressed 0 painted O raised • none [Lighting n Handicap ramps [Traffic control signals [Striping H Curb and gutter n Curb only re Left-turn slots [continuous width= 12' [Sidewalk width= n Bikeway width= re Right-turn slots [continuous width= 12' [Parking lane width= [Detours Signing: reconstruction [permanent Landscape requirements:(description) Other:(description) Seeding and Mulching 6 Right of Way Yes No Est.No. Ea Utilities (list names of known utility companies) ROW and/or perm.easement required: • Q 4 North Weld County Water District Relocation required: O • QwestPV REA Temporary easement required: 0 • 1 Xcel Energy Changes in access: Q • Changes to connecting roads: O • 8 Railroad crossings #of crossings: Agreements Railroad Name required Present protection Condition of x'ings 1 ❑ 2 I ❑ I I 3 I ❑ I I 4I I ❑ I I Recommendations: °Environmental Type: CE Programmatic Categorical Exclusion#: FHWA Expanded List(Jul 27th, 1998)#1 128 Initiation Date:11/18/2004 Revision Date: Clearance Action Date: 03/03/2005 Comments: 1pCoordination Withdrawn lands(power sites,reservoirs,etc.)cleared through BLM forest service office Irrigation ditch name: New traffic ordinance required I Li Modify schedule of existing ordinance Municipality:Windsor and Severence Other: Weld County mConstruction method noAdReason:O Design Q Local F/A Advertised by: • State O P.O. O RR F/A Entity/Agency contact name: 0PhLocal O Study O Utility F/A one number: Q None O CDOT F/A O Miscellaneous ®Remarks (Include additional pages if needed) CDOT is the lead agency. Supplemental funding from Windsor,Weld County,and Severance. HES funding for FY 2006. % tl®IT A, Page 1of 1 Original to: Central files Copies to: Region Files,Region Environmental Program Manag r,Staff ROW,Staff Bridge or other when appropriate Exhibit B LOCAL AGENCY ORIDINANCE or RESOLUTION D ECEOVU JUN 2 3 2005 RESOLUTION WELD COUNTY PUBLIC WORKS DEPT RE: APPROVE CONTRACT FOR IMPROVEMENTS TO THE INTERSECTION OF STATE HIGHWAY 257 AND WELD COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) 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 Improvements to the Intersection of State Highway 257 and Weld County Road 74 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 Colorado Department of Transportation (CDOT), 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 Improvements to the Intersection of State Highway 257 and Weld County Road 74 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 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 6th day of June, A.D., 2005. Ias ,1 / e 7: I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO N. %$nl, �� William H. Jerk hair r i`°"- • y Clerk to the Board NOU% Ii' 1, c7 // M. . Ile, ro- em BY: ,/ '�icler/�// Deputy Clerk to the Board 1M • ifi Robe D. Masde ounty A orney 02-1444 By Glenn aad - Date of signature: G4 —V•e, 2005-1659 A <P- WP ( 5 EG0052 EXHIBIT- __ ___ S e6 -� -Or Exhibit C 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 COOT 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: (2) Project code (3) To: CDOT Controller (FAX#(303) 757-9573 or e-mail CONTROLLER) Project# (4) From: Office: (5) Phone # (5) FAX# (5) Region # (5) CDOT has executed a contract with: (6) Address: (6) FEIN # (6) Contract routing # (7) COFRS encumbrance#(Indicate PO,SC or PG#) (R) Fund Orgn. Appro. Prgrm. Func. Object/Sub-obj N/P GBL Reporting Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ (10) yes no (14) Previous Funding Letter(s) total Preparer's name (15) $ (11) (Funding letter#1 thru#_j PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval $ (12) (16) (//_) PHONE NO: Adjusted contract amount CDOT Designee Approval $ (13) (17) Local Agency approval (18) SECTION 2 (Controller's Office use) (19) Total allotment amount Commission budget $ (19) $ (19) If construction: CE charges Indirect chgs Adjusted contract amount plus total CE& indirect _CE pool elig. (19) $ (19) $ (19) charges calculation $ (19) 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 (19) State Controller or Delegee Date (20) (20) Exhibit C—Page 1 of 1 • COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region STA 2571-009 R45427 14905 4 Project Location Date SH 257&CR 74 in Weld County 5/12/05 Project Description SH 257&CR 74 Int. Impvts. Local Agency Local Agency Project Manager Weld County Wayne Howard CDOT Resident Engineer CDOT Project Manager Johnny Olson Robin Stoneman INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an"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 CDOT nor the Local Agency is responsible for a task,not applicable(NA)shall be noted. In addition,a"#"will denote that CDOT 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 CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager,in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change,the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP / STIP AND LONG-RANGE PLANS 2-1 I Review to ensure consistency with STIP and amendments thereto I I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authorize funding by phases(CDOT Form 418-Federal-aid Program Data.Requires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Prepare Design Data-CDOT Form 463 X 5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement(see also Chapter 3) X 5-3 Conduct consultant selection/execute agreement X 5-4 Conduct Design Scoping Review meeting X 5-5 Conduct public involvement X 5-6 Conduct Field Inspection Review X 5-7 Conduct environmental processes(may require FHWA concurrence/involvement) X 5-8 Acquire right-of-way(may require FHWA concurrence/involvement) X 5-9 Obtain utility and railroad agreements X 5-10 Conduct Final Office Review X 5-11 Justify force account work by the Local Agency X 5-12 Justify proprietary items X 5-13 Document design exceptions-CDOT Form 464 X 5-14 Prepare plans,specifications and construction cost estimates X 5-15 Ensure authorization of funds X CDOT Form 1243 07/02 ExhibitDPage 1 of 4 Previous editions are obsolete and may not be used • RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6-1 Set Underutilized Disadvantaged Business Enterprise(UBDE)goals for consultant and X construction Contracts(CDOT Region EEO/Civil Rights Specialist) 6-2 Determine applicability of Davis-Bacon Act X This project❑is 0 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.) Johnny Olson 3/8/05 CDOT Resident Engineer Date 6-3 Set On-the-Job Training goals.Goal is zero if total construction is less than$1 million(CDOT X Region EEO/Civil Rights Specialist) Ensure the correct Federal Wage Decision,all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract(CDOT Resident Engineer) X ADVERTISE, BID AND AWARD 7-1 Obtain approval for advertisement period of less than three weeks X 7-2 Advertise for bids X 7-3 Distribute"advertisement set"of plans and specifications X 7-4 Review worksite and plan details with prospective bidders while project is under X advertisement 7-5 Open bids X 7-6 Process bids for compliance • Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the • „?i low bidder meets UDBE goals X Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet X DBE goals ;, Submit required documentation for CDOT award concurrence N/A 7-7 Concurrence from CDOT 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 I I X 8-2 Conduct conferences: Preconstruction (Appendix(3) X Presurvey • Construction staking X • Monumentation X ''- Partnering(Optional) X Structural Concrete Pre-Pour(Agenda is in CDOT Construction Manual) N/A Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) N/A N/A HBP Pre-Paving (Agenda is in CDOT Construction Manual) X 8-3 Develop and distribute Public Notice of Planned Construction to media and local residents X 8-4 Supervise construction A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of construction supervision: Local Agency Professional Engineer or Phone number CDOT Resident Engineer COOT Form 1243 07/02 ExhibitD, Page 2 of 4 Previous editions are obsolete and may not be used RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT Provide competent,experienced staff who will ensure the Contract work is constructed in X accordance with the plans and specifications Construction inspection and documentation X 8-5 Approve shop drawings X 8-6 Perform traffic control inspections X 8-7 Perform construction surveying X 8-8 Monument right-of-way X 8-9 Prepare and approve interim and final Contractor pay estimates X Provide the name and phone number of the person authorized for this task. Wayne Howard 356-4000 ext 3788 Local Agency Representative Phone number 8-10 Prepare and approve interim and final utility/railroad billings X 8-11 Prepare Local Agency reimbursement requests X 8-12 Prepare and authorize change orders X 8-13 Approve all change orders X 8-14 Monitor project financial status X 8-15 Prepare and submit monthly progress reports X 8-16 Resolve Contractor claims/disputes X 8-17 Conduct routine, random project reviews Provide the name and phone number of the person responsible for this task. X Johnny Olson 506-4954 CDOT Resident Engineer Phone number MATERIALS 9-1 Conduct Materials Preconstruction meeting X 9-2 CDOT Form 250-Materials Documentation Record • Generate form,which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project • Update the form as work progresses X • Complete and distribute form after work is completed X 9-3 Perform project acceptance samples and tests X 9-4 Perform laboratory verification tests X 9-5 Accept manufactured products X Inspection of structural components: • Fabrication of structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices(0"to 6"or greater) N/A N/A • Fabrication of bearing devices N/A N/A 9-6 Approve sources of materials X 9-7 Independent Assurance Testing(IAT), Local Agency Procedures O CDOT Procedures • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X 9-8 Approve mix designs • Concrete X • Hot bituminous pavement X 9-9 Check final materials documentation X 9-10 Complete and distribute final materials documentation X CDOT Form 1243 07/02 Exhibit D Page 3 of 4 Previous editions are obsolete and may not be used CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 Fulfill project bulletin board and preconstruction packet requirements X 10-2 CDOT Form 205-Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to X EEO/Civil Rights Specialist 10-3 Conduct employee interviews. Complete CDOT Form 280-Equal Employment Opportunity X and Labor Compliance Verification 10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the X "commercially useful function"requirements 10-5 Conduct trainee interviews.Complete CDOT Form 200-OJT Training Questionnaire when X project utilizes on-the-job trainees 10-6 Check certified payrolls(Contact the Region EEO/Civil 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, and complete and submit CDOT Form 1212-Final X Acceptance Report(Resident Engineer with mandatory Local Agency participation.) 11-2 Write final project acceptance letter X 11-3 Advertise for final settlement X 11-4 Prepare and distribute final As-Constructed plans X 11-5 Check final quantities,final plans and the final pay estimate X 11-6 Check material documentation and submit final material certification (see Chapter 9) X 11-7 Obtain CDOT Form 17-Contractor DBE Payment Certification from the Contactor and X submit to the Resident Engineer 11-8 Process final payment X 11-9 Obtain FHWA Form 47-Statement of Materials and Labor Used ... from the Contractor X 11-10 Complete and submit CDOT Form 950-Project Closure X 11-11 Retain project records for six years from date of project closure X 11-12 Retain final version of this checklist and distribute copies X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager COOT Form 1243 07/02 Exhibit D Page 4 of 4 Previous editions are obsolete and may not be used a MEMORANDUM C• TO: Clerk to the Board DATE: July 7, 2005 COLORADO FROM: Francie Collins eA C SUBJECT: Original Item for Recording, Document 2005-1659 Attached is the original Contract between Weld County and the Colorado Department of Transportation for the State Highway 257 and WCR 74 Project for reeording. pc: Wayne Howard, Project Manager WCR 74 file M:\Francie\Agenda-2.docM:\Francie\Agenda-2.doc Hello