Loading...
HomeMy WebLinkAboutResolution 2008-0011 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11-2008 Series of 2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 16051, DESIGN OVERSIGHT CONCERNING SH58/CABELA DRIVE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of a new interchange on State Highway 58; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and; WHEREAS, the cost of the Project is estimated not to exceed $200,000, which funds are available for this purpose in Fund No. 30, and WHEREAS, the City Council has previously entered into an Intergovernmental Agreement dated December 11, 2006, with the Longs Peak Metropolitan District, Section 4.7 of which provides for the costs of the Project to be reimbursed by the Metropolitan District. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Aooroved. The contract between the City and the Colorado Department of Transportation for Project 16051: new SH58/ Cabela Drive Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Exoenditure Aooroved. The expenditure of not to exceed $200,000 is hereby approved from Fund 30; Account No. 30-303-800-841, for the purpose of Project 16051. Section 3. Effective Date %~ 'nit This Resolution shall be effective immediately upon adoption. DONEAND RESOLVED this .2L/1il-- dayof Y1J\.{lfck.. ,2008. ATTEST: ~) Michael Snow, City Clerk RESO 001 2 (Local $CDOTWRK-1601A) Project CC 0581-009 (16051) City of Wheat RidgelRegion 6 (rp) Rev 10/03 08 HA6 00099 SAP ill 331000089 CONTRACT THIS CONTRACT made this _ day of 20-, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION hereinafter referred to as the State and the CITY OF WHEAT RIDGE, 7500 West 29TH Avenue, Wheat Ridge, Colorado 80033, CDOT Vendor Number:2000099 hereinafterreferred to as the Local Agency or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function 3020, GL Account Number <<>>, WBS Element <<>>, (Contract Encumbrance Amount: $0.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencIes. 3. Pursuantto 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 will be preparing final designs, studies, and other documents in anticipation of a new interchange at State Highway 58 and CabelaDrive. The interchange project will be subject to the procedures outlined in CDOT's procedural directive 1601, which is attached hereto by this reference. 5. The Local Agency has made funds available for proj ect CC 0581-009 (16051), which shall consist of review services by CDOT of the conceptual designs, studies and other documents, referred to as the "Project" or the "Work." Such Work will be performed in Wheat Ridge, Colorado, specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% of the funding for the "W ark." 7. The Local Agency has estimated the total cost ofthe work and is prepared to provide its share of the funding required 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 expend its funds for the work under the Page 1 of8 proj ect. A copy ofthe ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of ~~ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, c.R.S. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of review services by CDOT of the conceptual designs, studies and other documents at SH58 and Cabela Drive, in Wheat Ridge, 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 ofthe Project by the State, FHW A and the Local Agency. Section 4. Project Funding Provisions A. The Parties have estimated the total cost of the "Work" and each party is prepared to provide its respective share of the funding required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representative of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the proj ect. A copy ofthe ordinance or resolution is attached hereto and incorporated herein as Exhibits B. B. The parties have estimated the total cost the work to be $200,000.00, which is to be funded as follows: a. Local Agency Funds $200,000.00 Page 2 of 8 Total Funds: $200,000.00 C. The maximum amount payable by the Local Agency under this contract shall be $200,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Local Agency sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be 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 Local Agency will reimburse the State for its share of incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description ofthe amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures Page 3 of8 and standardized billing format. Section 6. State and Local Agency Commitments A. The Local Agency shall be responsible for preparing the conceptual designs, studies and other documents required in accordance with the provisions ofthe CDOT 1601 procedural directive for the proposed new interchange. B. CDOT shall provide review services for the conceptual designs, studies and other documents as prepared by the Local Agency for compliance with the 1601 procedural directive and other applicable state and federal requirements. C. The Local Agency Contract Administration Checklist in Exhibit G further describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit G. Section 7. Environmental Obligations The Local Agency shall prepare its conceptual designs, studies and other documents 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 8. Record Keeping The parties shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The parties shall maintain such records for a period ofthree (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. Each party shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the state and the Local Agency to inspect the project and to inspect, review and audit the project records. - . Section 9. 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. Jermination 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 anyofthe Page 4 of 8 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 ofthe 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 ofliabilityto 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 ofthe parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 10. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind each party to its terms. The person( s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 11. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, (303) 757-9459. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region # and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Joy French Project Manager CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 If to the Local Agency: Tim Paranto City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033-8001 (303) 235-2860 Page 5 of8 (303) 757-9528 Section 12. 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 13. Third Party Beneficiaries It is expressly understood and agreed that the enforcement ofthe terms and conditions ofthis 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 and the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 14. 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, S 24-10-101, et seq., eR.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, the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of S 24-1 o-} 01, et seq., C.R.S., as now or hereafter amended and the risk management statutes, SS 24-30-1501, et seq., eR.S., as now or hereafter amended. Section 15. Severability To the extent that this contract may be executed and performance of the obligations ofthe 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 16. 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 17. 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, Page 6 of8 addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 18. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 19. 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 20. Funding Letters The State may allocate more or less funds available on this contract using a bilateral Option Letter substantially equivalent to Exhibit C and bearing the approval ofthe State Controller or his designee. The bilateral Option Letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 21. 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 ofthe 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 ofthe 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 fmal the decision of any administrative official, representative, or board on a question of law. Page 7 of8 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR. GOVERNOR City of Wheat RiMe Legal Name of Contracting Entity Bv For Executive Director Department of Transportation 2000099 CD01Yend~~. A g 1.1 .vrll )1 tVvlV Signatlrre(j ).,{thorized Officer f . /, . 5<<rv D, JuJJ IIJ . maLln {" Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) By (Corporate Secretary or Equivalent, or Town/Local Agency/County Clerk) ~ 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: LESLIE M. SHENEFEL T Bv Date Page 8 of8 Exhibit A Scope of Work This contract scope of work is for design oversight for the new interchange on SH 58 East of Mcintyre and West of the railroad bridge. The interchange will connect Cabela Dr from the South to Holman St to the North. The major items include: I. Design oversight of new structure E-16-XO. This structure will go over SH 58 at Holman St to the North and Cabela Dr to the South. This includes both on and off ramps to SH 58 for all movements East and West. 2. Design oversight of 2 traffic signals controlling the on and off movements at SH 58. 3. Design oversight of Cabela Dr from 44th Avenue to the South and East for approximately 4000 feet. 4. Design oversight of a retaining wall along WB SH 58 off ramp (Ramp 3). 5. Design oversight of one retention pond between EB SH 58 on ramp (Ramp 2) and Cabela Dr. Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11-2008 Series of 2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 16051, DESIGN OVERSIGHT CONCERNING SH58/CABELA DRIVE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of a new interchange on State Highway 58; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and; WHEREAS, the cost of the Project is estimated not to exceed $200,000, which funds are available for this purpose in Fund No. 30, and WHEREAS, the City Council has previously entered into an Intergovernmental Agreement dated December 11, 2006, with the Longs Peak Metropolitan District, Section 4.7 of which provides for the costs of the Project to be reimbursed by the Metropolitan District. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Aooroved. The contract between the City and the Colorado Department of Transportation for Project 16051: new SH58/ Cabela Drive Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Exoenditure Aooroved. The expenditure of not to exceed $200,000 is hereby approved from Fund 30; Account No. 30-303-800-841, for the purpose of Project 16051. Section 3. Effective Date %~ Inlt This Resolution shall be effective imrnediately upon adoption. DONE AND RESOLVED this .21./ Iil-- day of Y1J\.{lfC k.. ,2008. A fk ()f #~ ATTEST: '7 DLI".' M'Y" ~) Michael Snow, City Clerk RESO 001 2 Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: Complete section 1 and submit to COOT Controller's office. AUTHORITY: State Controller Policy letter on June 12, 1996 COOT Controller letter on Mav 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 _COOT construction, sum of CMO's _LA construction, underestimated cost COOT construction, underestimated total cost COOT consultant, underestimated cost SECTION 1 (ReClion use) Date: (2) Proiect code (3) To: COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From: ReClion # (5) I Office: (5) I Phone # (5) FAX # (5) COOT has executed a contract with: (6) Address: (6) FEIN # (6) Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PG #) (8) Fund (9) Orgn. (9) Appro. (9) Prgrm. (9) Func. (9) Object/5ub-obj N/P (9) GBL (9) Reporting Catg. (9) Proj/Sub/Phase (9) Original contract amount $ (10) Has a Budget Request been processed to cover the contract amount increase? ves no (14) Previous Funding Letter(s) total $ (11) (Funding letter #1 thru #--1 Preparer's name (1 5) PHONE NO: This Funding Letter total $ (12) (# ---.J Contract Administrator's/Business Manager's Approval (16) PHONE NO: Adjusted contract amount $ (13) COOT Designee Approval (17) Local Agency approval (18) SECTION 2 (Controller's Office use) (19) Total allotment amount $ (19) Commission budget $ (19) If construction: _CE pool elig. (19) CE charges $ (19) Indirect chgs $ (19) Adjusted contract amount plus total CE & indirect 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 (20) Date (20) Exhibit C - Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (CDOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit D COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. 0581-009 STIP No. Project Code Region DR3404 16051 6 Project Location Date SH 58 just East of 1-70 Project Description SH 58 Interchange W/Cabela Dr Local Agency 12/12/06 I Local Agency Project Manager Tim Paranto I CDOT Project Manager Joy French Wheatridce CDOT Resident Engineer Ed Martinez 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 Loca/ Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of Ihe 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, noI applicable (NA) shall be noted. In addition. a "#" will denote that CDOT must concur or approve. Tasks that will be pertormed by Headquarters staff will be indicated, The Regions, in accordance with established policies and procedures, will deIermine who will perform all other tasks that are the responsibilily 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 COOT Resident Enoineer. in cooperation with the Local Aoencv Proiect Manaoer. will prepare and distribute a revised checklist. NO. RESPONSIBLE PARTY LA CDOT DESCRIPTION OF TASK I TIP I STIP AND LONG-RANGE PLANS I 2.1 I Review Proiect to ensure it is consist with STIP and amendments thereto I FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 I Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA concurrence/involvement) - PROJECT DEVELOPMENT 5.1 I Prepare Design Data - CDOT Form 463 5.2 Prepare Local A>oency/CDOT Inter-Governmental Acreement (see also ChapIer 3) 5.3 1 Conduct Consuitant Selection/Execute Consultant Acreement 5.4 Conduct Oesi.gn Scopino Review Meetinq 5.5 Conduct Public Involvement 5.6 Conduct Field Inspection Review (FIR) 5.7 Conduct Environmental Processes [may require FHWA concurrence!invo[vement) 5.8 Acguire R[pht-of-Way (may require FHWA concurrence/involvement) 5.9 Obtain Utilitv and Railroad Acreements 5.10 Conduct Final Office Review (FOR) 5.11 Justifv Force Account Work bv the Local A.oencv 5.12 Justifv Pmprietarv. Sole Source. or Local Acencv Furnished Items I 5.13 Document Desion Exceptions - CDOT Form 464 I 5.14 Prepare Plans, Specifications and Construction Cost Estimates r 5.15 Ensure Authorization of Funds for Construction x X X X X X X X X X X X X X X X X X 09/06 Page1 of 4 COOT Form 1243 Previous editions are obsolete and may not be used X I I I I I I I I 1 I I I I I I I I I I I X NO. Exhibit D DESCRIPTION OF TASK I PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE CDOT Resident EnQineer (Signature on File) Date I 6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million (CDOT Region EEO/Civil Riqhts Specialist) 6.4 Tilie VI Assurances 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) I ADVERTISE, BID AND AWARD I 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks 7.2 Advertise for Bids 7.3 Distribute "Advertisement Set" of Plans and Specifications 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement I 7.5 Open Bids 7.6 Process Bids for Compliance I Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals 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 DBE Qoals Submit required documentation for CDOT award concurrence 7.7 Concurrence from COOT to Award I 7.8 Approve Reiection oILow Bidder I 7.9 Award Contract I 7.10 Provide "Award" and "Record" Sets of Plans and Specifications I CONSTRUCTION MANAGEMENT I 8.1 I Issue Notice 10 Proceed to the Contractor I 8.2 Proiect Safety I 8.3 i Conduct Conierences: . Pre-Construction Conference (Appendix B) Pre-survey . Construction staking . Monumentation Partnerinp (Optional) Structural Concrete Pre-Pour (Aqenda is in COOT Construction Manual) Concrete Pavement Pre-Paving (Allenda is in COOT Construction Manual) HMA Pre-Pavin...Q (A!:Ienda is in COOT Construction Manual) Develop and distribute Public Notice of Planned Construction to media and local residents Supervise Construction A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of construction supervision." 6.1 6.2 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (CDOT Reqion EEO/Civil Riqhts Specialist) Determine Applicability of Davis-Bacon Act This project D is D 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.) Local Agency Professional Engineer or CDOT Resident EnQineer Phone number RESPONSIBLE PARTY LA COOT x x x I _,I!l!l~..~,__ x x x X X X x COOT Form 1243 09/06 Page2 of 4 Previous editions are obsolete and may not be used NO. 18.6 18.7 18.8 18.9 8.10 18.11 I 8.12 I 8.13 18.14 I 8.15 I 8.16 18.17 8.18 Exhibit D DESCRIPTION OF TASK Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications Construction inspection and documentation Ap~rove Shop Drawings Perform Traffic Controllnsoections Perform Construction Survevinq Monument RiqhI-of-Way Prepare and Approve Interim and Final Contractor Pay Estimates Provide the name and phone number of the person authorized for this task. Local Aqencv Representative Phone number Prepare and Approve Interim and Final Utility and Railroad Billinqs Prepare Local A8ency Reimbursement Requests Prepare and Authorize Chanae Orders Approve All Chanpe Orders Monitor Proi.ect Financial Status Prepare and Submit Monthlv ProQress Reports Resolve Contractor Claims and Disputes Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. CDOT Resident Enoineer Phone number MATERIALS 9.1 Conduct Materials Pre~Construction MeetlnQ 9.2 Complete CDOT Form 250 - Materials Documentation Record . Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project . Update the form as work progresses . Complete and distribute form after work is completed Perform Proiect Acceptance Samples and Tests Perform Laboratory Verification Tests Accept Manufactured Products I 9.3 I 9.4 9.5 9.6 9.7 9.8 19.9 I 9.10 Inspection of structural components: . Fabrication of structural steel and pre-stressed concrete structural components . Bridge modular expansion devices (0" to 6" or greater) . Fabrication of bearing devices Approve Sources of Materials _ Independent Assurance Testing (IAT). Local Agency Procedures 0 CDOT Procedures [8J . Generate IA T schedule . Schedule and provide notification . Conduct IA T Approve mix designs . Concrete . Hot mix asphalt Check Final Materials Documentation Complete and Distribute Final Materials Documentation RESPONSIBLE PARTY LA COOT x x x CDOT Form 1243 09/06 Page3 of 4 Previous editions are obsolete and may not be used Exhibit D I CONS' 'RUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements 10.2 Process COOT Form 205 - Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEO/Civil Riqhts Soecialist 10.3 Conduct Equal Empioyment Opportunity and Labor Compliance VerificaIion Employee Interviews. Complete COOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Commerciallv Useful Function" Reauirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete COOT Form 200- OJT Training Questionnaire 10.6 Check Certified Pavrolls (Contact the ReQion EEO/Civil RiQhts S~ecialists for training requirements.) 10.7 Submit FHWA Form 1391 - Hiqhwav Construction Contractor's Annual EEO Reoort FINALS 11.1 11.2 11.3 11.4 11.5 11.5 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 Conduct Finai Project Inspection. Complete and submit COOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) Write Final Project Acceptance Letter Advertise for Final Settlement Prepare and Distribute Final As-Constructed Plans Prepare EEO Certification Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications Check Material Documentation and Accept Final Material Certification {See Chapter 9) Obtain COOT Form 17 from the Contractor and Submit 10 the Resident Engineer Obtain FHWA Form 47 - StaIement of Materials and Labor Used... from the Contractor Comolete and Submit COOT Form 1212 - Final Acceotance Reoor! (bv COOT) Process Final Payment Compiete and Submit COOT Form 950 - Proiect Closure Retain Proiect Records for Six Years from Date of Proiect Closure Retain Final Version of Local Aqency Contract Administration Checklist x x cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager COOT Form 1243 09/06 Page4 of 4 Previous editions are obsolete and may not be used