Loading...
HomeMy WebLinkAbout08339ORDINANCE NO. 8339 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, BUDGETING AND APPROPRIATING TH FUNDS IN THE AMOUNT OF $305,000 FOR THE 4 STREET BRIDGE ARTWORK PROJECT NO. PL1101 AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO EXECUTE SAME WHEREAS, the State of Colorado, Department of Transportation, has offered th funds through Contract BR 0961-008 (13141) – 4 Street Bridge Artwork Project; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between Pueblo, a Municipal Corporation, and the State of Colorado, for the use and benefit of the State Department of Transportation for Contract BR 0961-008 (13141) (hereinafter referred to as the “Contract”), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Subject to encumbrances by the Colorado Department of Transportation, funds from BR 0961-008 (13141) in the amount of $305,000 are hereby budgeted and th appropriated for the 4 Street Bridge Artwork Project, PL1101. SECTION 3. The President of the City Council is authorized to execute and deliver the Contract in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: April 11, 2011 BY: Larry Atencio COUNCILPERSON PASSED AND APPROVED: April 25, 2011 _ Background Paper for Proposed ORDINANCE # R-3 DATE: APRIL 11, 2011 AGENDA ITEM DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF TH $305,000 FOR THE 4 STREET BRIDGE ARTWORK PROJECT NO. PL1101 AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO EXECUTE SAME ISSUE Should City Council approve Contract BR 0961-008 (13141) between the Colorado Department of Transportation and the City of Pueblo and budget and appropriate funds in th the amount of $305,000 for the 4 Street Bridge Artwork Project No. PL1101? RECOMMENDATION Approve the Ordinance. BACKGROUND Since the City has experience with public art projects, the Colorado Department of Transportation (CDOT) requests that the City manage the selection, awarding, and th installation of art on the new 4 Street Bridge as part of the final component of the completion of the bridge replacement project. The artwork will be paid for by CDOT through Contract BR 0961-008 (13141). The scope of work and responsibility of the City will be to prepare and advertise a Request for Proposals, select a qualified party, contract with the selected party, receive the four (4) monuments for the bridge from CDOT, and place the th monuments on the bases already constructed as part of the 4 Street Bridge Project. If the budget allows, the City would also manage the selecting, awarding and delivering of pier medallions and street level artwork onto the bridge. The work will be completed according to the appropriate state and federal guidelines and regulations. CDOT will provide the funding and approve the process, selection, and deliverables. The tentative completion is scheduled for July 31, 2011. FINANCIAL IMPACT Budget and appropriate funds received from CDOT Contract BR 0961-008 (13141) in the th amount of $305,000 for the 4 Street Bridge Artwork Project, PL1101. No local match funds are required. The City staff will be responsible to administer and manage the selection, awarding and delivery of the artwork onto the bridge with the approval by CDOT. (State $LAWRK)[State Funds, Local Agency does all work] Rev 10/03 PROJECT BR 0961 -008, (13141) 11 HA2 24830 REGION 2 / (BH) SAP ID 271001276 CONTRACT THIS CONTRACT made this 2 day of rlAy 20 I I , 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 Pueblo, P 0 Box 1427, Pueblo, Colorado, 81003, CDOT Vendor #• 2000036, hereinafter referred to as the "Contractor" or the "Local Agency " RECITALS 1 Authonty 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 3200, GL Acct. 4231100010, WBS Element 13141.20 10, (Contract Encumbrance Amount: $305,000 00) 2. Required approval, clearance and coordination have been accomplished from and with appropnate 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 desires to perform the Work described in Exhibit (Scope of Work). The Local Agency understands that before the Work begins, the Local Agency must receive an official wntten "Notice to Proceed" prior to commencing any part of the Work. 5 The Local Agency has requested that State funds be made available for project BR 0961 -008, (13141), which shall consist of mstalling artwork on the 4 street bndge, referred to as the "Project" or the "Work." Such Work will be performed m Pueblo, Colorado, specifically described in Exhibit A. 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 authonzes 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 Page 1 of 17 9 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 10 The Local Agency is adequately staffed and suitably equipped to undertake and satisfactonly complete some or all of the Work. 11 The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT Section 1 Scope of Work The Project or the Work under this contract shall consist of providing the monuments (pier medallions and artwork if the budget allows) on the 4 Street Bndge, in Pueblo, 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 pnonty• 1 Special Provisions contained in section 28 of this contract 2. This contract 3 Exhibit A (Scope of Work) 4 Exhibit C (DBE Requirements) 5 Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B B The Local Agency has estimated the total cost of the work to be $305,000 00 which is to be funded as follows a. State funds $305,000 00 Page 2 of 17 Total Funds. $305 000 00 C The maximum amount payable to the Local Agency under this contract shall be $305,000.00, unless such amount is increased by an appropnate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. 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 pnor 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, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D describes the Work to be performed and assigns responsibility of that Work to 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 D A. Design [if applicable] 1 If the Work includes preliminary design or final design (the "Construction Plans "), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans "), the responsible party shall comply with the following requirements, as applicable a. perform or provide the Plans, to the extent required by the nature of the Page 3 of 17 Work. b prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT c prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e stamp the Plans produced by a Colorado Registered Professional Engineer f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party. a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects" b It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and /or of construction administration. Provided, however, that if federal -aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance /provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit E +attached hereto If the Local Agency does enter into a contract with a consultant for the Work. (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) pnor to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract Page 4 of 17 shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office (4) it (or its consultant) shall use the CDOT procedures described in Exhibit E to administer that design consultant subcontract, to comply with 23 CFR 172.5(b) and (d) (5) it may expedite any CDOT approval of its procurement process and /or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney /authorized representative certifying compliance with Exhibit E and 23 CFR 172.5(b)and (d) (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(1) and contains the following language verbatim (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design /construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. B Construction [if applicable] 1 If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and /or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials, performing required plant and shop inspections; documentation of contract payments, testing and inspection activities, preparing and approving pay estimates, Page 5 of 17 preparing, approving and securing the funding for contract modification orders and minor contract revisions, processing contractor claims, construction supervision, and meeting the Quality Control requirements of the FHWA /CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist 2 The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be m the public interest. 3 If the Local Agency is the responsible party a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal -aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Page 6 of 17 Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31 (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109 04 (4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. D State's obligations 1 The State will perform a final project inspection prior to project acceptance as a Quality Control /Assurance activity When all Work has been satisfactonly completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit D, within the Work of this contract. Section 7 ROW Acquisition and Relocation If the Project includes right of way pnor to this project being advertised for bids, the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91 -646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows 6 Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges), @ Federal participation in right of way acquisition (31 charges), relocation (3109 Page 7 of 17 charges) but no participation in incidental expenses (3114 charges) or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses) Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual The manual is located at http. / /www.dot.state.co.us /ROW Manual/ If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the local agency obtains title. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 9 Railroads In the event the Project involves modification ofa railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects involving railroad facilities, including: 1 Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3 Establishing future maintenance responsibilities for the proposed installation, 4 Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination ofa grade crossing. 5 Establishing future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements ofthe current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable Page 8 of 17 Section 11 Maintenance Obligations The maintenance of the bridge monuments and associated artwork will be provided by the State. Any changes to the maintenance of the monuments and artwork will require an amendment to this contract. All other maintenance items are addressed m the Maintenance Contract, contract number 10 HA2 04352, dated March 23, 2010 Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract may be terminated as follows A Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined Page 9 of 17 If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and /or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by -laws, and /or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 2, 905 Erie Ave., Pueblo, CO 81001 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 2 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. If to the Local Agency. Karen Rowe 13i11 Zwick CDOT — Region 2 City of Pueblo 905 Erie Ave. 211 E. D Street Pueblo, CO 81001 Pueblo, Colorado 81003 (719)546 -5438 (719)553 -2246 Section 16. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Page 10 of 17 Section 17 Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24 -10 -101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24 -10 -101 et seq , C.R.S., as now or hereafter amended and the risk management statutes, §§ 24 -30 -1501, et seq., C.R.S., as now or hereafter amended. Section 19 Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21 Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require Page 11 of 17 continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency Section 23 Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law Section 24. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit D and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (ifprovided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer wilt be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such wntten decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law Page 12 of 17 Section 26. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §Statewide Contract Management System applies Contractor agrees to be governed, and to abide, by the provisions of CRS §24 -102 -205, §24- 102 -206, §24 -103 -601, §24 -103 5 -101 and §24 -105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's perfornniance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24 -103 5 -101 and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation , and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24- 105 - 102(6) exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause Section 27 Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24 -10 -101, et seq , C.R.S , as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24 -10 -101, et seq , C R.S., as now or hereafter amended and the risk Page 13 of 17 management statutes, §§ 24 -30 -1501, et seq., C R.S., as now or hereafter amended. Section 28. Special Provisions The Special Provisions apply to all Agreements except where noted in italics. I. CONTROLLER'S APPROVAL. CRS $24 - - 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 424 - 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 -10I et seq., or the Federal Tort Claims Act, 28 U S.0 § §1346(b) and 2671 et seq., as applicable now or hereafter amended. 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. Page 14 of 17 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 dctermines 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 4424 18 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 & 424 -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 48 - 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 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. Page 15 of 17 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 424 76.5 - IOi. The Local Agency if a natural person eighteen (18) years of age or older hereby swears and affirms tinder 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.E -101 et sect and (e) 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 ['TIE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 16 of 17 ��:. +'d w L7i,� S a ti 3�x • »r 1" s t � -. F £k��K r, �,�.�r i* �. ti "cap � 't - ,�- � .s ��' v'�', � b� •s "• � s lY 3 r �3 " x' � , 4 0 �1 ,, r:; " tw o ! '� �e '+A,� , 4 ' : .;G e r .-°` . `.tz`�wj.�°HS, `.-.c�' C.�i�. 'W;.*<i*t.,:�u�', .� f i., : :.: -�'�,§'�»` H , °�'s v s `'.rkt'' latais, THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY STATE OF COLORADO JOHN W HICKENLOOPER, GOVERNOR City of Pueblo By e gjJ 5 ?ii t Q F s✓ Lek NI tto) Legal Name of Contracting Entity Executive Director Department of Transportation 2000036 CDO Vendor Number ri iu k lfria t .)..& LEGAL REVIEW Signature of Authorized Officer JOHN W SUTHERS • ' TORNEY GENERAL Ray Aguilera — President of City Council By 411 L. Print Name & Title of Authorized Officer "' • LOCAL AGENCY (A Local Agency attestation is required.) Attest (Seal) By ■ (Town /City /County erk) (Place Local Agency 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 Local Agency 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. DAVID J. o D OTT, '' By � �s � ..,...7I/I -ire/ AT Date c i z Page 17 of 17 Exhibit A Scope of Work Monuments, Pier Medallions, and Artwork for 4th Street Bridge 13141 — BR 0961 -008 IGA with City of Pueblo City of Pueblo will prepare and advertise for proposers. select a qualified party contract with selected party and receive the four (4) monuments for the 4 street bridge. The vertical bridge monuments will be on each comer of the 4` street bridge on the monument bases already constructed as part of the 4 street bridge project. The monument base size and technical information will be provided by CDOT to the City The work will also include the advertisement for sixteen (16) pier medallions on the bridge piers. The location, size and technical information for the medallions will be provided by CDOT to the City These medallions will be selected and delivered if it is determined that budget will allow for these in addition to the bridge monuments selected. Additional artwork will be included in the advertisement to be provided in locations on the bridge for the public to see (locations to be determined by proposals) If budget allows for the monuments, pier medallions, and this additional artwork, then the City will be responsible for selecting, awarding, and delivering the artwork onto the bridge. The work will be completed according to the appropriate state and federal guidelines and regulations CDOT will approve the process, selection, and deliverables. The Request for proposal, the advertisement locations and ads for proposals, final selection panel, the selection process, any engineering drawings provided by the selected parties, the selection of parties to do the work, and the deliverables (monuments, pier medallions, and artwork) will be approved by CDOT prior to acceptance and payment. CDOT will provide the technical requirements — drawings indicating location, size and weight for the bridge items for the work to the City for the Proposal. The City will be responsible for selection process, contracting and oversight for the deliverables. The advertisement of the request for proposals should be done within 2 months of the NTP and the deliverables will be as soon as possible following the RFP through the process. The deliverables should be done by end of July 31, 2011 The bridge is currently almost completed and the monument foundations, pier medallion locations, and places for possible artwork are available for viewing at the project site. The technical drawings for these will be provided by CDOT at a later date. Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION ORDINANCE NO 8339 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $305,000 FOR THE 4 STREET BRIDGE ARTWORK PROJECT NO PL1101 AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO EXECUTE SAME WHEREAS, the State of Colorado, Department of Transportation, has offered funds through Contract BR 0961 -008 (13141) — 4th Street Bridge Artwork Project; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between Pueblo, a Municipal Corporation, and the State of Colorado, for the use and benefit of the State Department of Transportation for Contract BR 0961 -008 (13141) (hereinafter referred to as the "Contract "), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved SECTION 2. Subject to encumbrances by the Colorado Department of Transportation, funds from BR 0961 -008 (13141) in the amount of $305,000 are hereby budgeted and appropriated for the 4 Street Bridge Artwork Project, PL1101 SECTION 3. The President of the City Council is authorized to execute and deliver the Contract in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same SECTION 4. This Ordinance shall become effective immediately upon final passage and approval INTRODUCED APRIL 11, 2011 BY Larry Atencio UN L PE' ON APPROVED "" 1 PRESIDENT le F CITY COUNCIL ATTESTED BY --- ITY CLERK PASSED AND APPROVED April 25, 2011 Exhibit C DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION I Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23 Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2 DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts SECTION 3 DBE Program. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request. Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222 -3400 Phone (303) 757 -9234 revised 1/22/98 Required by 49 CFR Part 23 41 Exhibit C — Page 1 of 1 Exhibit D COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No STIP No Project Code Region BR 0961 -008 SPB273R SR25216 13141 2 Project Location Date SH 96 OVER THE ARKANSAS RIVER ON 4TH STREET IN PUEBLO ( 09/2/2010 Project Description 4th Street Bridge Local Agency Local Agency Project Manager City of Pueblo Bill Zwick CDOT Resident Engineer CDOT Project Manager Karen Rowe Karen Rowe INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement The checklist becomes an attachment to the Local Agency agreement Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an X under the responsible party opposite each of the tasks The X denotes the party responsible for initiating and executing the task Only one responsible party should be selected. When neither CDOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted In addition. a " #" will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager in cooperation with the Local Agency Project Manager and submitted to the Region Program Engineer If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP / STIP AND LONG -RANGE PLANS 2 -1 I Review to ensure consistency with STIP and amendments thereto 1 f X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 I Authorize funding by phases (COOT Form 418 Federal -aid Program Date. Requires FHWA I I X c on cu rr en c e h n volveme nt ) PROJECT DEVELOPMENT 5 -1 Prepare Design Data CDOT Form 463 NIA 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 N/A 5 -7 Conduct environmental processes Imay require FHWA concurrence/involvement) N/A X 5-8 Acquire right- of- way (may require FHWA concurrenceAnvolvemenq N/A 5 -9 Obtain utility and railroad agreements N/A 5 -10 Conduct Final Office Review N/A 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 NIA 5 -14 Prepare plans, specifications and construction cost estimates NIA 5 -15 Ensure authorization of funds X COOT Form 1243 07/02 Pagel of 4 Previous editions are obsolete and may nol be used Exhibit D Page 1 of 4 Exhibit D 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 ❑ is ® 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) COOT Resident Engineer Date 6-3 Set On- the -Job Training goals Goal is zero if total construction is less than S1 milbon (CDOT X Region EEO/Civil Rights Specialist) Ensure the correct Federal Wage Decision, at 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 NIA 7.4 Review vvorksite and plan details with prospective bidders while project is under X advertisement 7 -5 Open bids X 7 -6 Process bids for compliance Check COOT 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 Submd 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 1 X 8 -2 Conduct conferences: Preconstruction (Appendix BI X Presurvey Construction staking NIA • Monumentation NIA Partnering (Optional) NIA Structural Concrete Pre -Pour (Agenda is in COOT Construction Manua° NIA Concrete Pavement Pre - Pavinq /Attends is in COOT Construction Manual) NIA HBP Pre - Paving (Agenda is in CDOT Construction Manua° NIA 8 -3 1 Develop and distribute Public Notice of Planned Construction to media and local residents j X 8 -4 Supervise construction A Professional Engineer (PE) registered in Colorado, who w ll be in responsible charge of construction supervision. X Earl Wilkinson (719) 553 -2295 Local Agency Professional Engineer or Phone number COOT Resident Engineer COOT Form 1243 07(02 Paget of 4 Previous editions are obsolete and may not be used Exhibit D Page 2 of 4 Exhibit D RESPONSIBLE NO DESCRIPTION OF TASK PARTY LA CDOT 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 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 Bit Zwick (719) 553-2746 Local Agency Representative Phone number 8 -10 Prepare and approve interim and final utility/railroad billings NIA 8 -11 Prepare Local Agency reimbursement requests X 8 -12 Prepare and authorize change orders x 8 -13 Approve all thane 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 }Caren Rowe 719.546 -5438 CDOT Resident Engineer Phone number MATERIALS 9-1 Conduct Materials Preconstruction meeting N/A 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 vwrk is completed x 9 -3 Perform project acceptance samples and tests x 9-4 Perform laboratory verification tests x 9 -5 Accept manufactured products 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 9 -7 Independent Assurance Testing (IAT), Local Agency Procedures ❑ CDOT Procedures g • Generate IAT schedule X • Schedule and provide notification X Conduct IAT X 9 -8 Approve mix designs • Concrete NIA NIA • Hot bituminous pavement NIA N/A 9 -9 Check final materials documentation X X 9 -10 Complete and distribute final materials documentation X X COOT Form 1243 07102 Page3 of 4 Previous editions are obsolete and may not be used Exhibit D Page 3 of 4 Exhibit D CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill project bulletin board and preconstruction packet requirements >[ 10 -2 CDOT Form 205 Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor and submit to X EEO /Civil Rights Specialist 10.3 Conduct employee interviews. Complete CDOT Form 280 Equal Employment Opportunity X and Labor Compliance Verification 10 -4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the X 'commercially useful function' requirements 10-5 Conduct trainee interviews. Complete CDOT Form 200 OJT Training Questionnaire when X project utilizes on -the -job trainees 10 -6 Check certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X 10 -7 , Submit FHWA Form 1391 Highway Construction Contractor's Annual EEO Report X FINALS 11 1 Conduct final project inspection, and complete and submit COOT 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 NIA 11.5 Check final quantities. final plans and the final oav 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 -5 Process final pavment X 11.9 Obtain FHWA Form 47 Statement of Materials and Labor Used , from the Contractor X 11 10 Complete and submit CDOT Form 950 Project Closure X 11 11 Retain project records for six years from date of project closure X 11 12 Retain final version of this checklist and distribute copies X cc. CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO /Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager CDOT Form 1243 07102 Page4 or 4 Previous editions are obsolete and may not be used Exhibit D Page 4 of 4 Exhibit E THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of23 U.S C. 1 I 2(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process. that prescribed work is properly accomplished in a timely manner and at fair and reasonable cost' and according to 23 CFR 172 5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT CDOT has formulated its procedures in Procedural Directive (P D) 400 1 and the related operations guidebook titled "Obtaining Professional Consultant Services" This directive and guidebook incorporate requirements from both Federal and State regulations, i.e. 23 CFR 1.72 and Colorado Revised Statute (C. R.S.) 24 -30 -1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172] Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy the subsequent steps serve as a short -hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are 1 The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24 -30 -1403 Also, a detailed cost estimate should be prepared for use during negotiations. 3 The contracting agency must advertise for contracts in conformity with the requirements ot'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. '1 The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of ten percent (10 %) for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5 The analysis and selection of the consultants should be done in accordance with C.R.S. 24 -30 -1403 This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre - qualified prime consultants and their team. It also shows which criteria are used to short -list and to make a final selection. The short -list is based on the following evaluation factors a. Qualifications, b Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and c. 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, c. Willingness to meet the time and budget requirement, Exhibit E — Page 1 of 2 Exhibit E d. Location, e. Current and projected work load, f Volume of previously awarded contracts, and g. Involvement of minority consultants. 6 Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre - negotiation audits are prepared for contracts expected to be greater than $50,000 Federal reimbursement for costs are limited to those costs allowable under the cost principles of48 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. Rccords of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S. 24 -30 -1401 through 24 -30 -1408, 23 CFR Part 172, and P D 400 1, provide additional details for complying with the eight (8) steps just discussed. Exhibit E — Page 2 of 2