HomeMy WebLinkAbout08205ORDINANCE NO. 8205
AN ORDINANCE APPROVING AN AMENDMENT TO
THE JULY 7, 2006 AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND
COLORADO DEPARTMENT OF TRANSPORTATION
RELATING TO THE ARKANSAS RIVER TRAIL PHASE
2 RECONSTRUCTION PROJECT, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE
THE SAME
WHEREAS, City Council has entered into a Contract with the Colorado
Department of Transportation “Transportation Enhancement Program” for the
Arkansas River Trail Reconstruction Project, No. STE M086-046 (Resolution No.
10722).
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Agreement, dated May 24, 2010, between the City of
Pueblo, a Municipal Corporation, and the Colorado Department of Transportation for
the Arkansas River Trail Phase 2 Project increasing the funding from the State of
Colorado by $135,000, a copy of which is attached hereto, having been approved as
to form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver said
Agreement in the name of and on behalf of the City of Pueblo, a Municipal
Corporation, and the City Clerk shall affix the seal of the City thereto and attest the
same.
INTRODUCED: May 10, 2010
BY: Chris Kaufman /COUNCILPERSON
PASSED AND APPROVED: May 24, 2010
Background Paper for Proposed
ORDINANCE
DATE: MAY 10, 2010AGENDA ITEM
# R-7
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING AN AMENDMENT TO THE JULY 7, 2006
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND COLORADO DEPARTMENT OF TRANSPORTATION RELATING TO THE
ARKANSAS RIVER TRAIL PHASE 2 RECONSTRUCTION PROJECT, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should the City Council approve an amendment to the July 7, 2006 agreement between
the City of Pueblo and the Colorado Department of Transportation (CDOT) increasing
the funding from CDOT by $135,000 and authorizing the President of City Council to
execute the amendment?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
On July 7, 2006, the City entered into an agreement with CDOT to receive $350,000 in
Transportation Enhancement Funds to assist with the reconstruction of the Arkansas
River Trail. The City applied for a second grant in March 2006 and CDOT has awarded
additional funds from the transportation enhancement program that are available for the
project. The 135,000 of additional CDOT funds will increase the total funding from
CDOT to $485,000. The total project cost is anticipated to be $615,000.
FINANCIAL IMPACT
The funds for the project were previously budgeted and appropriated through Ordinance
No. 7890 approved October 14, 2008 for the Arkansas River Trail Reconstruction
Project No. AL0601. A total of $615,000 of these funds will be used for the Arkansas
River Trail Phase 2 grant contract with CDOT.
(FMLAWRK) 10 HA2 15791
PROJECT STE M086 -046, (15533) SAP ID 271001174
Region 2, (bh)
CONTRACT AMENDMENT #1
THIS AMENDMENT, is made thigaA day o 1. , A0 , by and between the State of
Colorado for the use and benefit of the Colorado Depart of Transportation, hereinafter referred to as the "State ",
and the CITY OF PUEBLO, 211 D Street, Pueblo, CO 81003, CDOT Vendor # 2000036, hereinafter referred to as
the "Contractor" or the "Local Agency ".
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 this Project as set forth below; and,
2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies;
and,
3. The Parties entered into the contract dated June 07, 2006, routing number 06 HA2 00033, known hereafter as
"the Basic Contract "; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Contractor consisting of
construction of a trail along the Arkansas River West of I -25 from near the 4 Street bridge to the Railroad
bridge, referred to as the "Project" or the "Work." Such Work will be performed in Pueblo, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written
supplement or contract amendment; and,
6. The Parties also now desire to amend the Basic Contract to combine Phase II and Phase III by revising
Recital #1 and Exhibit C, replace the Special Provisions to the current version and replacing the Funding
Letter with the Option Letter by revising Section 25 and Exhibit F and updating the Form 463 (Exhbit A)
and the Local Agency Contract Administration Checklist (Exhibit G); and,
7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised Statutes, Sections 24-
30 -1401 et seq., Section 43 -1 -106, and Section 43 -1 -110, as amended.
NOW THEREFORE, it is hereby agreed that:
Consideration for this Amendment consists of the payments that shall be made pursuant to this Amendment and the
promises and agreements herein set forth.
1. This Amendment is supplemental to the Basic Contract, which is, by this reference, incorporated herein and
made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are
to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects only:
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a. Recital Number 1 shall be amended to read as follows:
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, Functions 3301 (Construction), GL Acct. 4231200011, WBS Element 15533.20.10 (Contract
Encumbrance: Basic Contract - $437,500.00; Amendment #1 - $177,500.00; Total Contract Encumbrance Amount:
$615,000.00).
b. Exhibit A to the Basic Contract shall be removed and replaced in its entirety by Exhibit A -1, which
is attached hereto and incorporated herein by this reference. All references in the Basic Contract to
Exhibit A shall be removed and replaced by Exhibit A -1, as appropriate.
c. Exhibit C to the Basic Contract shall be removed and replaced in its entirety by
Exhibit C -1, which is attached hereto and incorporated herein by this reference. All references in the
Basic Contract to Exhibit C shall be removed and replaced by Exhibit C -1, as appropriate.
d. Exhibit G to the Basic Contract shall be removed and replaced in its entirety by Exhibit G -1, which
is attached hereto and incorporated herein by this reference. All references in the Basic Contract to
Exhibit G shall be removed and replaced by Exhibit G -1, as appropriate.
e. Exhibit F (Funding Letter) shall be removed and replaced with the Sample IGA
Option Letter (attached) and the corresponding language in Section 25 shall be
removed and replaced in its entirety by the following:
Section 25. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within the current term due to
unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of
funding. These options are limited to the specific scenarios listed below. The Option Letter shall not be deemed
valid until signed by the State Controller or an authorized delegate. Following are the applications for the individual
options under the Option Letter form:
Option 1 - Option to extend or renew (this option applies to Highway and Signal maintenance contracts only). In
the event the State desires to continue the Services and a replacement contract has not been fully approved by the
termination date of this contract, the State, upon written notice to Contractor, may unilaterally extend this contract
for a period of up to one (1) year. The contract shall be extended under the same terms and conditions as the original
contract, including, but not limited to prices, rates and service delivery requirements. This extension shall terminate
at the end of the one (1) year period or when the replacement contract is signed by the Colorado State Controller or
an authorized delegate.
The State may exercise this option by providing a fully executed option to the contractor, within thirty (30) days
prior to the end of the current contract term, in a form substantially equivalent to Exhibit F. If the State exercises
this option, the extended contract will be considered to include this option provision. The total duration of this
contract, including the exercise of any options under this clause, shall not exceed five (5) years.
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Option 2 — Level of service change within current term due to unexpected overmatch in an overbid situation only.
In the event the State has contracted all project funding and the Local Agency's construction bid is higher than
expected, this option allows for additional Local Overmatch dollars to be provided by the Local Agency to be added
to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall not be intended
for any other Local Overmatch funding.
The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter
(Exhibit F), which will bring the maximum amount payable under this contract to the amount indicated in Exhibit
C -1 attached to the executed Option Letter (future changes to Exhibit C shall be labeled as C -2, C -3, etc, as
applicable). Performance of the services shall continue under the same terms as established in the contract. The
State will use the Financial Statement submitted by the Local Agency for "Concurrence to Advertise" as evidence of
the Local Agency's intent to award and it will also provide the additional amount required to exercise this option.
If the State exercises this option, the contract will be considered to include this option provision.
Option 3 — Option to add overlapping phase without increasing contract dollars. The State may require the
contractor to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or
Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same
terms and conditions stated in the original contract with the contract dollars remaining the same. The State may
exercise this option by providing a fully executed option to the contractor within thirty (30) days before the initial
targeted start date of the phase, in a form substantially equivalent to Exhibit F. If the State exercises this option,
the contract will be considered to include this option provision.
Option 4 - To update funding (increases and/or decreases) with a new Exhibit C. This option can be used to
increase and/or decrease the overall contract dollars (state, federal, local match, local agency overmatch) to date, by
replacing the original funding exhibit (Exhibit C) in the Original Contract with an updated Exhibit C -1
(subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc).
The State may have a need to update changes to state, federal, local match and local agency overmatch funds as
outlined in Exhibit C- 1, which will be attached to the option form. The State may exercise this option by providing
a fully executed option to the contractor within thirty (30) days after the State has received notice of funding
changes, in a form substantially equivalent to Exhibit F. If the State exercises this option, the contract will be
considered to include this option provision.
e. The Special Provisions in the Basic Contract shall be removed and replaced with:
SPECIAL PROVISIONS
The Special Provisions apply to all Agreements except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24 -30- 202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS
§24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or
hereafter amended.
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4. INDEPENDENT CONTRACTOR
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither
The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of
the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for The
Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local
Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party.
The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the
State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a)
provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and
those of its employees and agents.
5. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which
purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this Agreement, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the
contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The
Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local
Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of
this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 - 18 - 201 and 24 - 50 - 507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. The Local Agency 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 services and The Local Agency shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS § §24 - 30 - 202 (1) and 24 - 30 - 202.4.
[Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may
withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid
child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges
specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts
owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8 17.5 - 101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or
fund management services, sponsored projects, intergovernmental Agreements, or information technology services
or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under this
Agreement, through participation in the E- Verify Program or the State program established pursuant to CRS §8-
17.5-102(5)(c), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The
Local Agency (a) shall not use E- Verify Program or State program procedures to undertake pre - employment
screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the
contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is
employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a
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subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,
and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS
§8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the
State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work
status of such employee, and shall comply with all of the other requirements of the State program. If The Local
Agency fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State
agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so
terminated, The Local Agency shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24 76.5 - 101.
The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification
required by CRS §24- 76.5 -103 prior to the effective date of this Agreement.
SPS Effective 1/1/09
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STAT OF COLORADO:
BIL ' TE',JR., t E'NOR
Cit of Pueblo L� i d
Legal Name of Contracting Entity For Executive Director
Department of Transportation
2000036
CDOT Vendor Number
LEGAL REVIEW:
or' �..�_ JOHN W SUTHERS, ATTORNEY GENERAL
Signature of Authorized Officer ,
Lawrence W. Atencio B C k � r&.'
President of City Council
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By
(Corp to Secretary or Equivalent, or Town /City /County Clerk) (Place Corporate Seal here, if available.)
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:
DAVI J. MCDERMOTT, CPA
By
Date c /
6
Exhibit A
COLORADO DEPARTNIENT OF TRANSPORTATION Orig.Date: 10/21/2006 Project Code # (SA#): 15533 I STIP #: SR25079
DESIGN DATA Rev.Date: Project #: STE M086 -046
Revision #: 0 PE Project Code:
Page 1 to 3 Region # 02 Project Description: Ark River II & Ill
Status: ❑ Preliminary ❑ Final ® Revised
County: 101
Submitted By PM: Conversion 0 Approved by Program Engineer:
Date: Municipality: Pueblo
System Code: Z - Not on any Federal System
Revised by: Oversight By: A - Exempt
Date: Planned Length: 0.000
Geographic Location: ARKANSAS RIVER W/O 1 - 25 FROM 4TH STREET TO THE RR BRIDGE
Type of Terrain: Level
Description of Proposed Construction /Improvement(Attaeh map showing site location)
10' - WIDE CONCRETE TRAIL
Project Characteristics (Proposed) Median (Type): ❑ Depressed ❑ Painted ❑ Raised ❑ None
n Lighting n Handicap Ramps n Traffic Control Signals n Striping
❑ Curb and Gutter ❑ Curb Only ❑ Left -Tum Slots ❑ Continuous Width=
n Sidwalk Width= [� Bikeway Width= 10'
9 Right -Turn Slots 9 Continuous Width=
❑ Parking Lane Width= ❑ Detours Signing ® Construction ❑ Permanent
® Landscaping requirements (description) ❑ Other (description):
Rev egetate any disturbed areas
Right of Way Yes/No Est. # Utilities (list names of known utility companies)
ROW &/or Perm. Easement Required No Aquila, Xce1 Energy, City of Pueblo Wastewater. City of Pueblo
Relocation Required No Stormsewer
Temporary Easement Required: No
Changes in Access: NO
Changes to Connecting Roads: No
g l Railroad Crossings # of Crossings:
Recommendations :
Environmental Type: Approved On: I Project Code # Cleared Under: Project # Cleared Under:
Comments:
g li Coordination
❑ Withdrawn Lands (Power Sites, Reservoirs, Etc.) Cleared through BLM or Forest Service Office Irrigation Ditch Name:
❑ New Traffic Ordinance Required ❑ Modify Schedule of Existing Ordinance Muncipality: Pueblo
Other:
Construction Method I Advertised By: NoAd Reason: Entity / Agency Contact Name: Phone #:
Local I Scott Hobson (719)553 - 2244
i l Safety Considerations 1 Project Under: Guardrail meets current standards: No
❑ Variance in Minimum Design Standards Required ❑ Safety project not all standards Comments:
❑ Justification Attached ❑ Request to be Submittec addressed
ri Bridge(see item 12) n See Remarks
❑ Stage Construction (explain in remarks)
3R projects
Safety Evaluation Complete (date):
Exhibit A -1 — Page 1 of 3
Exhibit A
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Exhibit A -1 — Page 2 of 3
Exhibit A
Pa 3 of 3 Project Code #(SA#): Project #: Revise Date:
15533 STE M086 - 046 08/07/2008
S Major Structures S= to stay, R= to be removed, P= proposed new structure
Reference Standard Structure Structural Horizontal Vertical Year
Structure ID# • Length Point Feature Intersected Width Roadway Capacity Clearance Clearance Built
Proposed Treament of Bridges to Remain in Place(address bridge rail, capacity, and allowable surfacing thickness):
Remarks
Exhibit A -1 — Page 3 of 3
EXHIBIT C FUNDING PROVISIONS
A. The Local Agency has estimated the total cost of the Project to be $615,000.00, which is to
be funded as follows:
Current and Anticipated Total Project Funds
FY 2010
Funds Total
Federal Funds $485,000 $485,000
State Matching Funds $0.00 $0.00
Local Matching Funds $121,250 $121,250
Local Overmatch Funds $8,750 $8,750
Totals $615,000 $615,000
1 BUDGETED FUNDS FOR FY 2009
a. Federal Funds — Enhancement @ 80% $485,000.00
b. Local Agency Matching Funds $121,250.00
(Enhancement @ 20 %)
c. State Funds $
d. Local Agency Overmatch FY 2009 $8,750.00
I TOTAL BUDGETED FUNDS $615,000.00
ESTIMATED CDOT- INCURRED COSTS FOR FY
2 2009
a. Federal Share $
(0% Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0
Non - Participating Costs (Including Non -
Participating Indirects) $
Estimated to be Billed to Local Agency $
I TOTAL ESTIMATED CDOT - INCURRED COSTS $
3 ESTIMATED PAYMENT TO LOCAL AGENCY FOR FY 2009
a. Federal Funds Budgeted (la) $485,000.00
b. State Funds Budgeted (1c) $
c. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $
I TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $485,000.00
4 FOR CDOT ENCUMBRANCE PURPOSES FOR FY 2009
Total Encumbrance Amount $615,000.00
Exhibit C -1 — Page 1 of 2
Local Overmatch Contribution $0
Net to be encumbered as follows: 1 $615,000.00
WBS Element 15533.20.10 I I Const I 3301 I $615,000.00
B. The matching ratio for the federal participating funds for this project is 80.00% federal -aid
funds (CFDA #20 2050) to 20.00% Local Agency funds, it being understood that such ratio
applies only to the $606,250.00 that is eligible for federal participation, it being further
understood that all non - participating costs are borne by the Local Agency at 100 %. If the
total participating cost of performance of the Work exceeds $606,250.00, and additional
federal funds are made available for the project, the Local Agency shall pay 20.00% of all
such costs eligible for federal participation and 100% of all non - participating costs; if
additional federal funds are not made available, the local agency shall pay all such excess
costs. If the total participating cost of performance of the Work is less than $606,250.00,
then the amounts of Local Agency and federal -aid funds will be decreased in accordance with
the funding ratio described herein. The performance of the Work shall be at no cost to the
State.
C. The maximum amount payable to the Local Agency under this contract shall be $485,000.00
for Fiscal Year 2009 funding. For CDOT accounting purposes, the federal funds of
$485,000.00, local matching funds of $121,250.00, and local overmatch funds of $8,750.00
will be encumbered for a total new encumbrance of $615,000.00 unless such amount is
increased by an appropriate written modification to this contract executed before any
increased cost is incurred. It is understood and agreed by the parties hereto that the total cost
of the Work stated hereinbefore is the best estimate available, based on the design data as
approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur
as a result of such termination.
Exhibit C -1 — Page 2 of 2
Exhibit F -1
IGA OPTION LETTER
Date: State Fiscal Year: Option Letter No. CLIN Routing #
Original Contract CMS # Option Letter CMS #
Original Contract SAP # Option Letter SAP #
Vendor name:
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Level of service change within current term due to an unexpected Local overmatch on an
overbid situation ONLY;
2. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads);
3. Option to update funding (a new Exhibit C must be attached with the option letter and shall be
labeled C -1 (future changes for this option shall be labeled as follows: C -2, C -3, C -4, etc.)
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions
set forth below:
(Insert the following language for use with Option #1):
In accordance with the terms of the original Agreement (insert FY, Agency code & CLIN routing
# of Basic Contract) between the State of Colorado, Department of Transportation and (insert the
Local Agency's name here), the State hereby exercises the option to record a level of service
change due to unexpected overmatch dollars due to an overbid situation. The Agreement is now
increased by (indicate additional dollars here) specified in Paragraph/Section /Provision
of the original Agreement.
(Insert the following language for use with Option #2):
In accordance with the terms of the original Agreement (insert FY, Agency code & CLIN routing
# Basic Contract) between the State of Colorado, Department of Transportation and (insert the
Local Agency's name here), the State hereby exercises the option to add an overlapping phase in
(indicate Fiscal Year here) that will include (describe which phase will be added and include all
that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous).
Total funds for this Agreement remain the same (indicate total dollars here) as referenced in
Paragraph /Section/Provision /Exhibit of the original Agreement.
(Insert the following language for use with Option #3):
In accordance with the terms of the original Agreement (insert FY, Agency code &
CLIN routing # of Basic Contract) between the State of Colorado, Department of
Transportation and f insert the Local Agency's name here), the State hereby
exercises the option to update funding based on changes from state, federal, local
match and /or local agency overmatch funds. The Agreement is now (select one:
increased and/or decreased) by (insert dollars here) specified in Paragraph/ -
Section/-Provision /Exhibit of the original Agreement. A new
Exhibit C -1 is made part of the original Agreement and replaces Exhibit C. (The
following is a NOTE only so please delete when using this option: future changes
for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.)
(The following language must be included on ALL options):
Exhibit F -1 — Page 1 of 2
Exhibit F -1
The amount of the current Fiscal Year contract value is (increased/decreased) by ($ amount of
change) to a new Agreement value of ($ ) to satisfy services /goods ordered under
the Agreement for the current fiscal year (indicate Fiscal Year). The first sentence in
Paragraph/Section /Provision is hereby modified accordingly.
The total Agreement value to include all previous amendments, option letters, etc. is
($ ).
The effective date of this Option Letter is upon approval of the State Controller or delegate.
APPROVALS:
For the The Local Agency:
Legal Name of the Local Agency
By:
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
Bill Ritter, Jr., Governor
B Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Agreement is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is
not obligated to pay the Local Agency for such performance or for any goods and/or services provided
hereunder.
State Controller
David J. McDermott, CPA
By:
Date:
Exhibit F -1 — Page 2 of 2
Exhibit G -1
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
STE M086 -046
R25079 15533 2
Project Location Date
Ark River Trail II & III 8/7/08
Project Description
Arkansas River, West of 1 -25 from 4th Street to the RR bridge
Local Agency Local Agency Project Manager
City of Pueblo Scott Hobson
CDOT Resident Engineer CDOT Project Manager
David Miller David Miller
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the
individual parties to this agreement. The checklist becomes an attachment to the Local Agency
agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency
Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a " #" will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
TIP / STIP AND LONG -RANGE PLANS
2 - 1 Review to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4 - Authorize funding by phases (CDOT Form 418 - Federal -aid Program Data. Requires FHWA X
concurrence /involvement)
PROJECT DEVELOPMENT
5 -1 Prepare Design Data - CDOT Form 463 X X
5 -2 Prepare Local Agency /CDOT Inter - Governmental Agreement (see also Chapter 3) X
5 -3 Conduct consultant selection /execute agreement X
5 -4 Conduct Design Scoping Review meeting X
5 -5 Conduct public involvement X
5 -6 Conduct Field Inspection Review X
5 - Conduct environmental processes (may require FHWA concurrence /involvement) X
5 - Acquire right - - way (may require FHWA concurrence /involvement) X
5 -9 Obtain utility and railroad agreements X
5 -10 Conduct Final Office Review X
5 -11 Justify force account work by the Local Agency X
5 -12 Justify proprietary items X
5 -13 Document design exceptions - CDOT Form 464 X
5 -14 Prepare plans, specifications and construction cost estimates X
5 -15 Ensure authorization of funds X
Exhibit G -1 — Page 1 of 4
•
Exhibit G -1
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6 -1 Set Underutilized Disadvantaged Business Enterprise (UBDE) goals for consultant and X
construction Contracts CDOT Region EEO /Civil Rights Specialist)
6 -2 Determine applicability of Davis -Bacon Act X
This project ❑ is E 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.)
David L Miller 719/ 546 -5404
CDOT Resident Engineer Date
6 -3 Set On- the -Job Training goals. Goal is zero if total construction is less than $1 million (CDOT X
Region EEO /Civil Rights Specialist)
-; ° ‘' Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise /On- the -Job Training special provisions and FHWA Form 1273 are included in the
; Contract (CDOT Resident Engineer) X
ADVERTISE, BID AND AWARD
7 -1 Obtain approval for advertisement period of less than three weeks X
7 -2 Advertise for bids X
7 -3 Distribute "advertisement set" of plans and specifications X
7 -4 Review worksite and plan details with prospective bidders while project is under X
advertisement
7 -5 Open bids X
7 -6 Process bids for compliance
• Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals X
Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet X
DBE goals
• Submit required documentation for CDOT award concurrence X
7 -7 Concurrence from CDOT to award X
7 -8 Approve rejection of low bidder X
7 -9 Award Contract X
7 -10 Provide "award" and "record" sets of plans and specifications X
CONSTRUCTION MANAGEMENT
8 -1 Issue Notice to Proceed to the Contractor X
8 -2 Conduct conferences:
Preconstruction (Appendix B) X
• ' Presurvey
• • Construction staking X
• Monumentation X
Partnering (Optional) X
• Structural Concrete Pre - Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre - Paving (Agenda is in CDOT Construction Manual) X
HBP Pre - Paving (Agenda is in CDOT Construction Manual) X
8 -3 Develop and distribute Public Notice of Planned Construction to media and local residents X
8 -4 Supervise construction
A Professional Engineer (PE) registered in Colorado, who will be "in responsible
charge of construction supervision."
x
Mike Bever 719/ 553 -2276
Local Agency Professional Engineer or Phone number
3 CDOT Resident Engineer
• Provide competent, experienced staff who will ensure the Contract work is constructed in
• accordance with the plans and specifications X
Exhibit G -1 — Page 2 of 4
Exhibit G- 1
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
Construction inspection and documentation X
8 -5 Approve shop drawings X
8 -6 Perform traffic control inspections X
8 -7 Perform construction surveying X
8 -8 Monument right -of -way X
8 -9 Prepare and approve interim and final Contractor pay estimates X
Provide the name and phone number of the person authorized for this task.
Scott Hobson 719/ 553 -2244
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
David Miller (719) 546 -5404
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 ❑ CDOT Procedures
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct IAT X
9-8 Approve mix designs
• Concrete X
• Hot bituminous pavement X
9 -9 Check final materials documentation X
9 -10 Complete and distribute final materials documentation X
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
Exhibit G -1 — Page 3 of 4
•
Exhibit G -1
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 - Check certified payrolls (Contact the Region EEO /Civil Rights Specialists for training requirements.) X
10 - Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report X
FINALS
11 - Conduct final project inspection, and complete and submit CDOT Form 1212 - Final X
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
11 - 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 N/A N/A
11 -10 Complete and submit CDOT Form 950 - Project Closure X
11 -11 Retain project records for six years from date of project closure X
11 -12 Retain final version of this checklist and distribute copies X
cc: CDOT Resident Engineer /Project Manager
CDOT Region Program Engineer
CDOT Region EEO /Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit G -1 — Page 4 of 4