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Home My WebLink About20031796.tiff RESOLUTION RE: APPROVE CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF STATE HIGHWAY 119 AND WELD COUNTY ROAD 7 - COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for the Installation of Traffic Control Devices at the Intersection of State Highway 119 and Weld County Road 7 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, with 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 the Installation of Traffic Control Devices at the Intersection of State Highway 119 and Weld County Road 7 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 14th day of July, A.D., 2003. ]ELa BOARD OF COUNTY COMMISSIONERS WE7UNTY, COLORAD AddithD vid E. Long, Chair a l to the Board Robert D. t den, Pro-Tern BY: � . ✓ivy . � .�.t�� Deputy Clerk to the Board EXCUSED M. J. Geile AP AST EXCUSED Willia Jerke unt me Glenn Vaad Date of signature: 1/J/ 2003-1796 EG0048 cc� : 90 STATE OF COLORADO Department of Transportation Contracts and Market Analysis Branch Ye POT Agreements Unit 4201 East Arkansas Avenue,Suite 400 Denver, Colorado 80222 Telephone: (303)757-9398 FAX: (303)757-9867 July 2, 2003 RECEizi7IFY Mr. Wayne Howard Weld County JUL7 2033 P.O. Box 758 WELD e ub l 01.19Lle V.'.05!!`.1‘, Greeley, CO 80632 csrr RE: Contract for Project C 1192-013 (14575), installing signals and the construction of intersection improvements located at the intersection of SH 119 and Weld County Road 7 in Weld County. Enclosed please find four executory copies of the above referenced contract between Weld County and the Colorado Department of Transportation. Please have the contract signed and return three original copies to my attention. Also, please attach the ordinance or resolution passed by the Board of County Commissioners approving the contract. Please do not hesitate to call me at (303) 757-9398 if you have any questions or if I may be of further assistance. Sincerely, /1.44/4,7 - 'Janet Power Program Assistant jP Enclosures C:\Documents and Settings\powerj\My Documents\Janet's consultant contracts\14575 Weld County with attachments.doc (ST$/LAWRK) Rev. 8/02 PROJECT#, SUBACCT 03 HA4 00123 C 1192-013 (14575)/R-4 (jp) CMS ID 03-332 CONTRACT THIS CONTRACT,made this�(7 day of 1 v u5l- , 200_5,by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the State or CDOT,and WELD COUNTY,STATE of COLORADO, P.O. Box 758, Greeley, Colorado 80632, FEIN: 846000813,hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS. 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered 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 3301, Object 2312 1N,Reporting Category 4510, Contract Encumbrance Number 14575, (Contract Encumbrance Amount: $51,000.00). 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. The Local Agency (the State) anticipates a project installing signals and construction of intersection improvements located at the intersection of SH 119 and Weld County Road 7 in Weld County 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 that project work. The Local Agency understands that,before the project work is actually started,the description of the project work in that CDOT form#463 will likely be revised as a result of design changes made by CDOT, in conjunction and coordination with the Local Agency, in its internal -1- Doi --/29 review process. The Local Agency desires to agree to perform the project work as described in the Form #463, as it may be revised in that Process. 5. The Local Agency has requested that State funds be made available for project C1192-013 for installing signals and construction of intersection improvements located at the intersection of SH 119 and Weld County Road 7 in Weld County,in Weld,Colorado,as more specifically described in Exhibit A, attached hereto and made a part hereof (The Form#463 and/or a"Scope of Work"), attached hereto and hereinafter referred to as "the project" or "the work". 6. The State has funds available and desires to provide 100% of the funding for the work. 7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 8. 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. 9. This contract is executed under the authority of Sections 29-1-203, 43-1-110, 43-1-116, 43-2-101(4)(c), 43-2-102 through 104, 43-2-144 C.R.S., as amended, as applicable, and the Local Agency ordinance/resolution. 10. The parties hereto desire to agree upon the division of responsibilities with regard to the project. 12. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the work. 13. The State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: L PROJECT DESCRIPTION "The project" or"the work"under this contract shall consist of installing signals and construction of intersection improvements located at the intersection of SH 119 and Weld County Road 7 in Weld -2- County in Weld, Colorado, between milepost 62.470 and milepost 62.600, as more specifically described in the Exhibit A (the Form #463 and/or a "Scope of Work") as it may be revised by the parties in the design review process before the project work is actually started. II. INCORPORATION BY REFERENCE All applicable state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth. III. WORK RESPONSIBILITY The Local Agency shall be responsible to perform(all design and/or right of way and/or utility and/or construction and/or construction administration tasks needed to complete)the work, and the Local Agency shall comply with all applicable terms and conditions of this contract in performing the work, including those process and task requirements addressed in the Local Agency Contract Administration Checklist attached hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards,including those in this contract and in applicable law. IV. PROJECT FUNDING PROVISIONS A. The Local Agency has estimated the total cost the work to be$51,000.00,which is to be funded as follows: a. State funds: $51,000.00 Total Funds: $51,000.00 B. The maximum amount payable to the Local Agency under this contract shall be $51,000.00, 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 -3- 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. C. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. V. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Local Agency for incurred costs relative to the project following the State's review and approval of such charges,subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies,procedures, and standardized billing format attached hereto and made a part hereof as Exhibit D. Charges incurred by the Local Agency prior to the date of this agreement will not be charged to the project. VI. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Director, Region 4,1420 2nd Street, Greeley,Colorado 80631,(970)-350-2101. Said Region Director will also be responsible for coordinating the State's activities under this contract. Said Region Director 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 -4- representatives of the State's Transportation Region 4 and the Local Agency. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to the State: If to Local Agency Wendy Turner Wayne Howard CDOT Region 4 Weld County 1420 2nd Street P.O. Box 758 Greeley, CO 80631 Greeley, CO 80632 (970) 350-2182 (970) 356-4000 x3788 B. The State will reimburse the Local Agency for the incurred costs relative to the work,as provided in Section V(A). C. If the work includes construction, the State will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines are necessary to assure compliance with State requirements. D. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all project work has been satisfactorily completed,the State will sign a final acceptance form. E. The Local Agency will maintain and operate the improvements constructed under this contract,at its own cost and expense during their useful life. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances,and regulations promulgated thereunder. VII. LOCAL AGENCY COMMITMENTS A. DESIGN. If"the Work" includes preliminary design, or final design (a.k.a. "construction plans"), or design work sheets, or special provisions and estimates (collectively referred to as "the Plans"), the party that is responsible under Section III(either the Local Agency or the State)for the Plans\design shall comply with the following requirements, as applicable: 1. perform or provide the Plans, to the extent required by the nature of the Work. -5- 2. 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. 3. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4. 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. 5. stamp the Plans produced by a Colorado Registered Professional Engineer. 6. if the Local Agency is the responsible party, it shall afford the State ample opportunity to review the Plans and make any changes in the Plans as directed by the State to comply with FHWA requirements. 7. provide final assembly of the Plans and contract documents. 8. be responsible for the Plans being accurate and complete. 9. if the Local Agency is the responsible party, 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 to participate in the cost of such work to be done by a consultant, the Local Agency shall ensure that its procurement of that consultant contract (and the performance/provision of the Plans under that contract)complies with all applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172, (concerning the Administration of Engineering and Design Related Service Contracts), and with any procedures implementing those requirements as provided by the State, including those in attachment#1. Those requirements and procedures include, without limitation: a) the Local Agency/Contractor shall submit any design consultant subcontract to CDOT for approval prior to its execution by the Local Agency/Contractor, as required by section 172.5 (d); b) all changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FHWA. 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 be similarly submitted; -6- c) all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof; d) the Local Agency/Contractor shall also use the CDOT procedures as described in Attachment #1 to administer that design consultant subcontract, to comply with sections 172.5(b) and (d); e) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, may also submit a letter to CDOT certifying Local Agency/Contractor compliance with those CDOT Attachment #1 procedures and with the requirements of sections 172.5(b) and (d). f) the Local Agency shall ensure that its consultant contract contains the following language verbatim: 1) "The design work under this contract shall be compatible with the requirements of a separate 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." 2) "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." 3) "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." 10. Following award of the construction contract(s)for the project,no further changes shall be made in the Plans 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. -7- B. CONSTRUCTION. If"the Work" includes construction, the party that is responsible under Section III(either the Local Agency or the State)for the construction/construction administration shall comply with the following requirements, as applicable: 1. administer the construction in accord with the project's Pre-construction and Contract Administration Checklists. 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 (CMOs) and minor contract revisions (MCRs); processing contractor claims;construction supervision; and,meeting the Quality Control(QC)requirements of the FHWA/State stewardship program, all as more fully described in the project's Local Agency Contract Administration Checklist. 2. if the Local Agency is the responsible party, 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 agreement, the requirements of the construction contract, and applicable State procedures. The LAPE may be an employee of the Local Agency or may be a consultant. If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible charge of the construction of the project (as provided in Section 12-25-102 C.R.S. as amended), notwithstanding any exception described in Section 12-25-103, C.R.S., as amended. 3.if the Local Agency is the responsible party, and if bids are to be let for the construction of the project, the Local Agency shall(in conjunction with the State)advertise the call for bids and(upon concurrence by the State)award the construction contract(s)to the low responsive, responsible bidder(s). a) In advertising and awarding the bid for the construction of a federal-aid project, the Local Agency shall comply with applicable requirements of 23 U.S.C. § 112 and 23 C.F.R. § § 633 and 635. Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire"Form 1273"(which,if relevant to -8- this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102(e). b) The Local Agency has the option to acceptor reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later.) c) By indicating its concurrence in such award at the award conference,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.) 4. In the event that all or part of the construction work is to be accomplished by Local Agency personnel(i.e.,by"force account"),rather than by a contractor pursuant to a contract with the Local Agency, the Local Agency will insure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force Account Construction". a) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the FHWA in advance of the Work, as provided for in Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) 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 Federal Acquisition Regulations (FAR), 48 C.F.R. Part 31. c) Rental rates for publicly owned equipment will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Bridge Construction". d) 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. -9- C. ROW ACQUISITION/RELOCATION. If acquisition and relocation assistance is required for the project, the Local Agency will be responsible to perform the acquisition and relocation assistance,as required by Sections 24-56-101, et seq., C.R.S. Prior to this project being advertised for bids, the Local Agency 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. D. UTILITIES. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility,if necessary. Prior to this project being advertised for bids,the Local Agency will certify in writing to the State that all such clearances have been obtained. E. ENVIRONMENTAL. The Local Agency shall perform all work in accord with the requirements of current federal and state environmental regulation, including the National Environmental Policy Act of 1969 (NEPA) as applicable. F. RECORDKEEPING. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. The Local Agency shall,during all phases of the work,permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit the project records. VIII. GENERAL PROVISIONS A. 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 within the Work of this contract. -10- B. If the work involves construction,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 construction contractor to correct project conditions which are unsafe for the Workmen 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. C. This contract maybe terminated as follows: (a) 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 received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payment advanced under the provisions of this contract. Notwithstanding 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. 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. (b) Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of funds 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. -11- (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. D. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance 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. E. 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 specifically provided otherwise herein, 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. F. 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. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. G. 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 written contract executed and approved pursuant to the State Fiscal Rules. -12- H. 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. I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's further covenants that,in the performance of this contract, it will not employ any person or firm having any such known interests. J. This contract shall become "effective" only upon the date it is executed by the State Controller,or designee. The term of this contract shall begin on the date first written above and shall continue through the completion and final acceptance of this project by the State and Local Agency. K. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a conflict shall be as follows: 1. This contract proper; 2. Other contract attachments and exhibits, in their respective order. L. 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 parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. M. The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency warrants 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 they have full authorization to execute this contract. N. The Local Agency and the State may use one or all of the Contract Modification Tools contained in ADDENDUM A, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. -13- • XI. SPECIAL PROVISIONS (Revised 06/2003) 1.CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2.FUND AVAILABILITY. CRS 24-30-202(5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. 3.INDEMNIFICATION. To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,damages, liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the Contractor,or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 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 for the parties, 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 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE 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 TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR 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 AGREEMENTS,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 THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5.NON-DISCRIMINATION. The 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 the contract is capable of execution. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 7.SOFTWARE PIRACY PROHIBITION GOVERNOR'S EXECUTIVE ORDER. 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 United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that,for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the 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 the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8.EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507 The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. -14- • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS,GOVERNOR Weld County By G 5-4 0, .� Legal Name of Contracting Entity �.-rExecuti e irector 1 Depart t of Transportation 846000813 ocial Security Number or FEIN LEGAL REVIEW: Signature of Authorized 0 se KEN SALAZAR,ATTORNEY GENERAL David E. L n Ch By jUvjt1�n„. Print Name&Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) •• 1861 � O;,:i�q" Attest(Seal)By (rce. .. • st7 v9 , ..r i≥`O rd of io.�i 4' Deputy Clerk to the Boa ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: ARTHUR L.BARNH By Date (itsl- jo Joy3 ATTACHMENT #1 -15- Colorado Department of Transportation Origin Date: ' Project code: 14575 I STIP number:R45624 DESIGN DATA • Revise Date: Project number:C 1192-013 PE Project Code PE Proiect Number Metric ✓ English Revision#: Page 1 Region: 04 Status: • preliminary Q final Q revised Project description:SH 119&WCR 7 Signal Prepared by: Revised by: Countyl: Weld ICounty2: County3: Wendy Turner Date: 05/20/2003 Date: Municipality: Submitted by Proj.Mgr Approved by Preconstruction Engineer: System code: IM NHS • STP OTHER Tre.P. 1 7>"3s;; Oversight: • CDOT Q FHWA Q OTHER Date: Planned length:0.13 Geographic location: SH 119 and Weld County Road 7 in Weld County Terrain type: 0 Level Q Plains • Rolling Q Urban 0 Mountainous Description of proposed construction/improvement(attach map showing site location) Signal Installation and intersection improvement uTraffic (Note: use columns A,B,and/or C to identify facility described below) Current year: Future year: Facility location Facility ADT DHV DHV%trucks ADT DHV Industrial Commercial Residential Other A SH 119 I I I ❑ ❑ ❑ ❑ B I I I I I IDIDIDID I I I I I I ❑ I ❑ I ❑ I ❑ RdwyClass Route Ref pt Endrefpt Functional classification Facility type Rural code 1. 119C 62.470 62.600 Principal Arterial Undivided >200,000 2. 3. ©Design Standards (Identify substandard items with a checkmark in 1st column and clarify in remarks) A= SH 119 B= C= Standard Existing Proposed, Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Surface type Typical section type #of travel lanes Width of travel lanes Shoulder wd.It./median Shoulder wd rt./outside Side slope dist.('z') Median width Posted speed Design speed Max. superelevation Min. radius Min.horizontal ssd Min.vertical ssd Max.grade Project under 0 1R 0 3R 0 4R • Other: criteria Existing guardrail meets current standards: 0 Yes 0 No Variance in minimum design standards required 0 Yes 0 No Safety project Comments: Justification attached Request to be submitted Not all standards Bridge(see item 4) See remarks addressed Stage construction Resurfacing projects Recommendations concerning safety aspects attached F xHIRIT A, page pf CDOT For #463 7 2 0 Page 2, . Project Code: 14575 Project Number: C 1192-013 Revise Date: .grMajor Structures I,S=to stay,R=to be removed,P=proposed new structure I Standard Structure Horizontal Vertical Year Structure ID# I Length I Ref. Point Feature Intersected Width I Rdwy Load I Clearance Clearance Built 1 I I I I I I 1 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 Q raised 0 none [Lighting —Handicap ramps III Traffic control signals ✓ Striping j !Curb and gutter Curb only 1J Left-turn slots I continuous width= J I Sidewalk width= Bikeway width= Right-turn slots fl continuous width= J !Parking lane width= Detours Signing: ✓ construction f/permanent Landscape requirements: (description) Other:(description) 6 Right of Way Yes No Est. No. El Utilities (list names of known utility companies) ROW and/or perm.easement required: 0 • Relocation required: 0 • Temporary easement required: Q • Changes in access: Q • Changes to connecting roads: Q • flRailroad crossings #of crossings: Agreements Railroad Name required Present protection Condition of x'ings 1 ❑ 21 I ❑ I I 31 I ❑ I I 41 I ❑ I I Recommendations: 9 Environmental Type: Comments: Coordination Withdrawn lands(power sites,reservoirs,etc.)cleared through BLM forest service office Irrigation ditch name: New traffic ordinance required Modify schedule of existing ordinance Municipality: Weld County Other: mConstruction method noAdReason:0 Design Q Local F/A Advertised by: 0 State 0 P.O. Q RR F/A Entity/Agency contact name: Wayne Howard • Local Q Study 0 Utility F/A Phone number: 970-356-4000 Q None Q CDOT F/A Q Miscellaneous ® Remarks (Include additional pages if needed) Local Agency will do design,ROW,utilities,advertisement,award,and construction management. Xii �i'�' p }t pQ Original to:Central files Copies to: Region Files,Region Env.Manager,Staff Design Branch(O �F�IOIOIRtiV�f,54a1f�riAyS>o�rwh e-s0ryro{sr�atar. ADDENDUM A: CONTRACT MODIFICATION TOOLS The Local Agency and the State may use a Funding Letter in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. FUNDING LETTER. 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." -1- Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY: CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12, 1996 Region: 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: (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#) (8) 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#I thru N ) 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) $ (1 9) $ (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) -2- EXAMPLE A(Lump Sum Contracts) Exhibit D, Page 1 of 5 Company Name: Project No. f - Address: Project Location Employer(FEIN) ID Number: Subaccount No. Invoice Number and Date: Progress Report Dated: %Completed: (1) Current Billing Period: From: To: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL:(2) $ Total Billed to Date: Less: Retainage(10%of billing not to exceed 5%of contract) $ Less: Prior Payments: $ Prior Billing: $ Less Retainage:$ $ TOTAL CURRENT PAYMENT REQUEST: * $ (%To date of DBE work: ) I certify that the billed amounts are in agreement with the contract terms: Signature Title pate *%Completed x Contract Total=Total Current Payment Request (1) x (2) — (*) -1- EXAMPLE B(Cost Plus Fixed Fee Contracts) Exhibit D,Page 2 of 5 Company Name: Project No. Address: Employer(FEIN)ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. %Completed: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL $ Prior period Billing Amount: $ ___ _ Current Billing Period: From: To: DIRECT LABOR:(List Individually) Regular Direct Hourly Rate Overtime Cost Employee Name Classification Hours $ Hours* $ Current This Period Total Amount to Date(Optional) Subtotal—Direct Labor $ $ Indirect (%)(as specified in contract) $ $ OTHER DIRECT COSTS(In-House) List individually—at actual cost as in final cost proposal;mileage(miles X 5), CADD(hrs.x$),equip.rental(hrs.x 5),etc. SUBTOTAL(DIRECT LABOR,INDIRECT&OTHER DIRECT COSTS) $ $ FEE(%)(As specified in the contract) $ $ OUTSIDE SERVICES(Subconsultants&Vendors)(List individually) $ $ (To be in the same format—attach copies) %To Date on DBE Work $ $ Outside Services Management Expense(when applicable) $ $ TOTAL CURRENT PERIOD: $ $ TOTAL TO DATE: $ $ LESS:Retainage(10%of billing not to exceed 5%of contract) $ $ LESS:Prior Payments $ $ Prior Billing$ Less Retainage$ $ $ TOTAL CURRENT PAYMENT REQUEST $ $ I certify that the billed amounts are actual and in agreement with the contract terms: Signature 1 itle Date *Eligible classifications only: in accordance with contract -2- • EXAMPLE C(Specific Rates of Pay Contracts) Exhibit I),Page 3 of 5 Company Name: Project No. Address: Employer(FEIN)ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. %Completed: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ Current Billing Period: From: To: PAY RATES:(List Individually) Regular Overtime Rates of Pay Cost Employee Name Classification Hours Hours* $/Hours** $ SUBTOTAL-PAY RATES: $ OTHER DIRECT COSTS(In-House) $ List individually—at actual rates as in final cost proposal;mileage(miles X$), CADD(hrs.x$),equip.rental(hrs.x$),etc. , $ SUBTOTAL(Pay Rates and Other Direct Rates) OUTSIDE SERVICES(Subconsultants&Vendors)(List individually) (To be in the same format—attach copies) %To Date on DBE Work $ Outside Services Management Expense(when applicable) $ TOTAL CURRENT PERIOD: $ TOTAL TO DATE: $ LESS:Retainage(10%of billing not to exceed 5%of contract) $ LESS:Prior Payments $ Prior Billing$ Less Retainage$ TOTAL CURRENT PAYMENT REQUEST $ I certify that the billed amounts are actual and in agreement with the contract terms: Signature Title Date *Eligible classifications only: in accordance with contract **In accordance with contract -3- • EXAMPLE D (Local Agency Billing) Date Exhibit D,Page 4 of 5 SECTION I. CONTRACT DATA Local Agency: Project No. Address: Employer(FEIN)ID Number: Project Location Invoice Number and Date: %Completed: Subaccount No. BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $ Federal Share $ Local Agency Share $ State Share$ Prior Period Billing Amount: $ Current Billing Period: From: To: SECTION II. INCURRED COSTS DIRECT LABOR: (List individually) Employee Classification Regular Direct Hourly Overtime Cost Name Hours Rate $ Hours* $ Current Total to SUBTOTAL—DIRECT LABOR This Period Date BENEFITS %OF DIRECT LABOR $ $ OTHER DIRECT COSTS (In-House) $ $ List individually-at actual cost; Mileage(miles x $), CADD (hrs. x$), $ $ Equip rental(hrs. x$),etc. OUTSIDE SERVICES(Consultants&Vendors) (List individually) (To be in this same format- $ $ attach copies of invoices) TOTAL COSTS CURRENT PERIOD: $ TOTAL COSTS TO DATE: $ SECTION III. BILLING TOTAL BILLING CURRENT PERIOD ( %OF TOTAL COSTS): $ Prior Billing: $ I certify that the billed amounts are actual and in agreement with the contract terms. Signature Title Date *Eligible classifications only -4- EXAMPLE E(Fixed Multiplier Contracts) Exhibit D,Page 5 of 5 Company Name: Project No. Address: Employer(FEIN)ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. %Completed: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billinj Amount: $ Current Billing Period: From: To: PAY RATES:(List Individually) Regular Certified Fixed Cost Employee Name Classification Hours Hourly Rates Multiplier $ SUBTOTAL-PAY RATES: $ OTHER DIRECT COSTS(In-House) $ List individually—at actual rates as in final cost proposal;mileage(miles X$), CADD(hrs.x$),equip.rental(hrs.x$),etc. $ SUBTOTAL(Pay Rates and Other Direct Rates) OUTSIDE SERVICES(Subconsultants&Vendors)(List individually) (To be in the same format—attach copies) %To Date on DBE Work $ Outside Services Management Expense(when applicable) $ TOTAL CURRENT PERIOD: $ TOTAL TO DATE: $ LESS:Retainage(10%of billing not to exceed 5%of contract) $ LESS:Prior Payments $ Prior Billing$ Less Retainage S TOTAL CURRENT PAYMENT REQUEST $ I certify that the billed amounts are actual and in agreement with the contract terms: Signature Title Date -5- 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 and 23 CFR 172(d) state that, "When federal- aid highway funds participate in the contract a local shall use the same procedures as used by the state to administer contracts . . Therefore, local agencies must comply with this CFR requirement and the following state procedures 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. 5(b)(1-6)] . 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%) 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 , b. Past performance, -1- 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. under 24-30-1401, cost shall not be considered as a factor in the evaluation of professional consultant services. 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. -2- • COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region C 1192-013 R45624 14575 4 Project Location Date SH 119 and Weld County Rd 7 5/29/03 Project Description SH 119-WCR 7 Signal Local Agency Local IAg1ency Project Manager Nt Weld County ayna �08"rc COOT Resident Engineer COOT Project Manager Do,4a MoorL5 Be y l uxner INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placing an"X"under the responsible party,opposite each of the tasks.The"X"denotes the party responsible for initiating and executing the task.Only one responsible party should be selected.When neither COOT nor the Local Agency is responsible for a task, not applicable(NA)shall be noted. In addition,a"#"will denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions,in accordance with established policies and procedures,will determine who will perform all other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager,and submitted to the Region Program Engineer. If contract administration responsibilities change,the COOT 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 f X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authorize funding by phases(COOT Form 418-Federal-aid Program Data.Requires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Prepare Design Data-COOT Form 463 X X 5-2 Prepare Local Agency/COOT Inter-Governmental Agreement(see also Chapter 3) X 5-3 Conduct consultant selection/execute agreement X 5-4 Conduct Design Scopinq Review meeting X 5-5 Conduct public involvement X 5-6 Conduct Field Inspection Review X X 5-7 Conduct environmental processes(may require FHWA concurrencennvolvement) 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 X 5-11 Justify force account work by the Local Agency X # 5-12 Justify proprietary items X 5-13 Document design exceptions-COOT Form 464 X # 5-14 Prepare plans,specifications and construction cost estimates X 5-15 Ensure authorization of funds X CDOT Form 1243 07/02 Pagel 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(COOT Region EEO/Civil Rights Specialist) 6-2 Determine applicability of Davis-Bacon Act X This project H 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.) �2A(e. 1 ' \ core S 5/29/03 COOT Resident Engineer Date 6-3 Set On-the-Job Training goals. Goal is zero if total construction is less than$1 million(COOT 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(COOT 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 low bidder meets UDBE goals X Evaluate COOT 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 COOT award concurrence X 7-7 Concurrence from CLOT 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 X I 8-2 Conduct conferences: Preconstruction(Appendix B) X Presurvey • Construction staking X • Monumentation X Partnering(Optional) X Structural Concrete Pre-Pour(Agenda is in COOT Construction Manual) X Concrete Pavement Pre-Paving(Agenda Is in COOT Construction Manual) X HBP Pre-Paving(Agenda is in COOT 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." X Torn N. a cad 303-7 Q I - 14+O Local Agency Professional Engineer or Phone number COOT Form 1243 07/02 Page2 of 4 Previous editions are obsolete and may not be used . , . . . • RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT CDOT Resident Engineer Provide competent,experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X Construction inspection and documentation X 8-5 Approve shop drawings X 8-6 Perform traffic control inspections X 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_ i-\ownf-ci Qt-35L,-4-noo X3188 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 Dave. I I I oo rF c, 970-350-2126 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) X • Fabrication of bearing devices X 9-6 Approve sources of materials X 9-7 Independent Assurance Testing(IAT), Local Agency Procedures❑ CLOT Procedures j8 • 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 Page3 of 4 Previous editions are obsolete and may not be used '7 7 • 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.) NA 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 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 CDOT Form 1243 07/02 Pagely of 4 Previous editions are obsolete and may not be used ) \ MEMORANDUM CTO: Clerk to the Board DATE : July 9, 2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Chair's signature: Contract with The Colorado Department of Transportation for the installation of signals and construction at the intersection of State Highway 119 and WCR 7. Enclosed are four original contracts for the Chair's signature. Please return all four original contracts and the resolution to Wayne Howard, Public Works as soon as the contracts have been executed. An original will be sent back for recording. The appropriate documentation is enclosed Enclosures pc: Wayne Howard, Public Works M:`,FRANCIE\AGENDA-I.DOC 2003-1796 MEMORANDUM DEPARTMENT OF TRANSPORTATION a. Center for Procurement •� P O T 4201 E.Arkansas Avenue, Room 150 Denver,Colorado 80222 nr..aTwr„MTa.K�...,�. FAX(303)757-9669 DATE: August 21, 2003 TO: Weld County RECEWED Wayne Howard PO Box 758 AUG 2 2 2003 Greeley, CO 80632 WELD L.-UN:Y PUBLIC WORKS DEPT SUBJECT: C1192-013 Please find enclosed a copy/original of the referenced contract for your records. NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION\ REPRESENTATIVE. Copies/original of this contract have been distributed this date to the following: • CDOT Files • Business/Headquarters Staff Manager • Vendor/Government agency • CDOT Representative Sincerely, Bonnie Mulroy Bid and Contract Clerk Center for Procurement Services (303) 757-9236 Hello