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
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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
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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
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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
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$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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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.
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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
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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 � -.
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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.
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