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HomeMy WebLinkAbout08025ORDINANCE NO. 8025 AN ORDINANCE ACCEPTING THE REMAINING FUNDS IN THE DILLON DRIVE /I -25 FLYOVER EARMARK IN THE AMOUNT OF $3,560,732, BUDGETING AND APPROPRIATING AND TRANSFERRING SAID FUNDS INTO ACCOUNT NO. DT0802, APPROVING A CONTRACT AMENDMENT WITH CDOT FOR AN INCREASED SCOPE OF WORK, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, AND APPROVING A CONTRACT CHANGE ORDER WITH SHORT ELLIOTT HENDRICKSON, INC. (SEH) FOR ADDITIONAL SERVICES RELATED TO PROJECT NO. 07 -054 (DT0802) BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Remaining grant funds in the amount of $3,560,732 are hereby accepted and shall be transferred into Account No. DT0802 — Dillon Drive / 1 -25 Interchange Study ( "Project'). SECTION 2. Funds in the amount of $3,560,732 are hereby budgeted and appropriated for said Project. SECTION 3. Contract Amendment No. 1 between the City of Pueblo and CDOT that increases the spending limits and scope of work to include the completion of a more intensive study and the final design and construction of the Phase I improvements, a copy of which is attached hereto, having been approved by the City Attorney as to form, is hereby approved. The President of City Council is authorized to execute the Contract Amendment No. 1 in the name of the City and the City Clerk is direct to affix the seal of the City thereto and attest same. SECTION 4. The contract change order in the amount of $221,274 with Short Elliott Hendrickson, Inc. (SEH) for additional work related to the project study is hereby approved. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: June 8. 2009 BY: Randy Thurston COUNCIL PERSON APPR D' } �, PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: June 22, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # 17 DATE: JUNE 8, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE AN ORDINANCE ACCEPTING THE REMAINING FUNDS IN THE DILLON DRIVE /1 -25 FLYOVER EARMARK IN THE AMOUNT OF $3,560,732, BUDGETING AND APPROPRIATING AND TRANSFERRING SAID FUNDS INTO ACCOUNT NO. DT0802, APPROVING A CONTRACT AMENDMENT WITH CDOT FOR AN INCREASED SCOPE OF WORK, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, AND APPROVING A CONTRACT CHANGE ORDER WITH SHORT ELLIOTT HENDRICKSON, INC. (SEH) FOR ADDITIONAL SERVICES RELATED TO PROJECT NO. 07 -054 (DT0802) ISSUE Should City Council accept remaining funds in the Dillon Drive / 1 -25 Flyover earmark in the amount of $3,560,732, budget and appropriate and transfer funds therefore, approve and amendment to the contract with CDOT, and approve a contract change order with SEH for additional services? RECOMMENDATION Approval of this Ordinance. BACKGROUND The City received a Federal earmark in the amount of $3,560,732 for the design and construction of Phase I of the Dillon /1 -25 Flyover. The grant has a 20% local agency match requirement. A previous Council action has approved and appropriated the local match in the amount $1,090,183.74. This Ordinance secures the remainder of the earmark and allows our consultant to continue the study and preliminary design. It will also authorize a modification to the contract with CDOT. FINANCIAL IMPACT This Ordinance will budget, appropriate, and transfer funds in the amount of $3,560,732 into Project No. DT0802. Said funds will be from the Dillon Drive /1 -25 Flyover earmark. (FMLAWRK) PROJECT HPP 0251-331,(16640) PROJECT NH 0251332, (16707) Region 2, (BH) CONTRACT AMENDMENT #I 09 HA2 00053 SAPID 271000773 SAP ID 331000131 THIS AMENDMENT, is made this 7 of 2010 by and between the State of Colorado for the use and benefit of the Colors o Dep ment of Transportation, hereinafter referred to as the "State ", and the City of Pueblo, P.O. Box 1427, Pueblo, Colorado 81003, CDOT Vendor #:2000036, hereinafter referred to as the "Contractor" or the Local Agency'. FACTUAL RECITALS Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for this Project as set forth below; and, 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and, 3. The Parties entered into the contract dated May 20, 2008, routing number 08 HA2 00054, known hereafter as "the Basic Contract' ; and, 4. The Basic Contract is an intergovernmental agreement between the State and the Contractor consisting of extending Dillon Drive by constructing a flyover over I -25 in Pueblo, Colorado; and, 5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written supplement or contract amendment; and, 6. The Parties also now desire to amend the Basic Contract to replace Exhibit C; and, 7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised Statutes, Sections 24 -30 -1401 et seq., Section 43 -1 -106, and Section 43 -1 -110, as amended. NOW THEREFORE, it is hereby agreed that: Consideration for this Amendment consists of the payments that shall be made pursuant to this Amendment and the promises and agreements herein set forth. This Amendment is supplemental to the Basic Contract, which is, by this reference, 1 incorporated herein and made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 2. The Basic Contract is and shall be modified, altered, and changed in the following respects only: a. Exhibit C to the Basic Contract shall be removed and replaced in its entirety by Exhibit C -1, which is attached hereto and incorporated herein by this reference. All references in the Basic Contract to Exhibit C shall be removed and replaced by Exhibit C -1, as appropriate. b. Exhibit F (Funding Letter) shall be removed and replaced with the Sample IGA Option Letter (attached) and the corresponding language in Section 25 shall be removed and replaced in its entirety by the following: Section 25. Option Letters Option Letters may be used to extend Agreement term, change the level of service within the current term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of funding. These options are limited to the specific scenarios listed below. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Following are the applications for the individual options under the Option Letter form: Option 1 - Option to extend or renew (this option applies to Highway and Signal maintenance contracts only). In the event the State desires to continue the Services and a replacement contract has not been fully approved by the termination date of this contract, the State, upon written notice to Contractor, may unilaterally extend this contract for a period of up to one (1) year. The contract shall be extended under the same terms and conditions as the original contract, including, but not limited to prices, rates and service delivery requirements. This extension shall terminate at the end of the one (1) year period or when the replacement contract is signed by the Colorado State Controller or an authorized delegate. The State may exercise this option by providing a fully executed option to the contractor, within thirty (30) days prior to the end of the current contract term, in a form substantially equivalent to Exhibit F. If the State exercises this option, the extended contract will be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. Option 2 — Level of service change within current term due to unexpected overmatch in an overbid situation only In the event the State has contracted all project funding and the Local Agency's construction bid is higher than expected, this option allows for additional Local Overmatch dollars to be provided by the Local Agency to be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall not be intended for any other Local Overmatch funding. V, The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter (Exhibit F), which will bring the maximum amount payable under this contract to the amount indicated in Exhibit C -1 attached to the executed Option Letter (future changes to Exhibit C shall be labeled as C -2, C -3, etc, as applicable). Performance of the services shall continue under the same terms as established in the contract. The State will use the Financial Statement submitted by the Local AQency for "Concurrence to Advertise " as evidence of the Local Agency's intent to award and it will also provide the additional amount required to exercise this option. If the State exercises this option, the contract will be considered to include this option provision. Option 3 — Option to add overlapping phase without increasing contract dollars The State may require the contractor to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original contract with the contract dollars remaining the same. The State may exercise this option by providing a fully executed option to the contractor within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit F. lithe State exercises this option, the contract will be considered to include this option provision. Option 4 - To update funding (increases and/or decreases) with a new Exhibit C This option can be used to increase and /or decrease the overall contract dollars (state, federal, local match, local agency overmatch) to date, by replacing the original funding exhibit (Exhibit C) in the Original Contract with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc). The State may have a need to update changes to state, federal, local match and local agency overmatch funds as outlined in Exhibit C- 1, which will be attached to the option form. The State may exercise this option by providing a fully executed option to the contractor within thirty (30) days after the State has received notice of funding changes, in a form substantially equivalent to Exhibit F. If the State exercises this option, the contract will be considered to include this option provision. e. Exhibit G the Basic Contract shall be removed and replaced in its entirety by Exhibit G -1, which is attached hereto and incorporated herein by this reference. All references in the Basic Contract to Exhibit G shall be removed and replaced by Exhibit G -1, as, as appropriate. d. The Special Provisions to the Basic Contract shall be removed and replaced in its entiretv by the following: SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24.30 -202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §2430. 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. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any actor omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovemmental Contracts] 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 ImmunityAct, CRS §24 -10- 101 at seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 at seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shall perform Its duties hereunder as an independent contractor and notes an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall paywhen due all required employment taxes and income taxes and local head taxes on any monies paid bythestate pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the stale) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON- DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person orwhich is otherwise in con8ictwith said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether byway of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. (Not Applicable to Intergovernmenta l Agreements] The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system 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 certified by the State Controller as owing to the State as a result of final agency determination or judicial action. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 00200. No State or other publicfunds payable underthis con tract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the Slate determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS §24-18-201 and §24-50-507. The signatories aver that to their knowledge, no employee ofthe Stale has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101, [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (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 Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 el seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. Revised May 13, 2008 9 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE F COLORADO: BIL I R, J ., GO E �� B 6 Citv of Pueblo For Executive Director Legal Name of Contracting Entity Department of Transportation 2000036 CDOT Vendor Number Signature of Authorized Officer Vera Ortegon President of City Council Print Name & Title of Authorized Officer LEGAL REVIEW: JOHN W.SUTHERS, ATTORNEY n GENERAL V By CORPORATIONS: (A corporate attestation is required.) Attest(Seal)By (Corpora Secre tanUt ylCounty Clerk) (Place Corporate Seal herejf available.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and /or services provided. STATE CONTROLLER: DAVID J. M DERMOTT, CPA By Date i A. The Local Agency has estimated the total cost the Work to be $5,450,914.75 which is to be funded as follows: Current Future Total Funding Funding Funding Federal $2,741,601.00 $1,619,130.00 $4,360,731.00 Local Match $685,401.00 $404,782.75 $1,090,18175 Total $3,427,002.00 $2,023,912.75 $5,450,914.75 1 BUDGETED FUNDS (Project #16640) a. Federal Funds $2,721,601.00 (80% of Participating Costs) b. Local Agency Matching Funds $680,401.00 (20% of Participating Costs) Local Agency Matching for CDOT - c. Incurred Non - Participating Costs $0.00 (Including Non - Participating Indirects) TOTAL BUDGETED FUNDS $3,402,002.00 2 ESTIMATED CDOT- INCURRED COSTS (Project 16707) a. Federal Share $20,000.00 (80% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $5,000.00 Non - Participating Costs (Including Non - Participating Indirects) $0.00 Estimated to be Billed to Local Agency $5,000.00 TOTAL ESTIMATED CDOT- INCURRED COSTS $25,000.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. b. Federal Funds Budgeted (1a +2a) Less Estimated Federal Share of CDOT- Incurred Costs $2,741,601.00 $20,000.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,721,601.00 FOR CDOT ENCUMBRANCE PURPOSES Exhibit C -1 — Page 1 of 2 Total Encumbrance Amount ($2,721,601.00 divided by 80 %)'Note- $3,402,002.00 in Design funds only is currently available. Remaining funds and/or Local Agency Overmatch will be added in the future either by Option Letter or Amendment. $3,402,002.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 Net to be encumbered as WBS Element 16640.10.30 Design 3015 WBS Element Const 3301 B. The matching ratio for the federal participating funds for this project is 80% federal -aid funds (CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies only to the $3,402,002.00 that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $3,402,002.00, and additional federal funds are made available for the project, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $3,402,002.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. The maximum amount payable to the Local Agency under this contract shall be $2,721,601.00 (For CDOT accounting purposes, the federal funds of $2,721,601.00 and local matching funds of $680,401.00 will be encumbered for a total encumbrance of $3,402,002.00), unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and /or state and /or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Exhibit C -1 —Page 2 of 2 SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for CDOT use only) NOTE: This option is limited to the specific contract scenarios listed below AND cannot be used in place of exercising a formal amendment. Exhibit Date: State Fiscal Year: Option Letter No. CLIN Routing # Vendor name: A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest) 1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this renewal cannot be used to make any change to the original scope of work; 2. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY; 3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition /Relocation or Railroads); 4. Option to update funding (a new Exhibit C must be attached with the option letter and shall be labeled C -1 (future changes for this option shall be labeled as follows: C -2, C -3, C-4, etc.) B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: (Insert the following language for use with Options #11: In accordance with Paragraph(s) of contract routing number ( insert FY Agency code & CL1N routing #1 between the State of Colorado, Department of Transportation, and ( insert contractor's name) the state hereby exercises the option for an additional term of ( insert performance period here) at a cost/price specified in Paragraph /Section /Provision of the original contract, AND /OR an increase in the amount of goods /services at the same rate(s) as specified in Paragraph of the original contract. (Insert the following language for use with Option #2): In accordance with the terms of the original contract ( insert FY Agency code & CLIN routing #) between the State of Colorado, Department of Transportation and (insert contractor's name here) the State hereby exercises the option to record a level of service change due to unexpected overmatch dollars due to an overbid situation. The contract is now increased by ( indicate additional dollars here specified in Pa rag ra p h /Section /P rovis io n of the original contract. (Insert the following language for use with Option #3): In accordance with the terms of the original contract ( insert FY Agency code & CLIN routing #) between the State of Colorado, Department of Transportation and (insert contractor's name here) the State hereby exercises the option to add an overlapping phase in (indicate Fiscal Year here that will include ( describe which phase will be added and include all that apply — Design Construction Environmental Utilities ROW incidentals or Miscellaneous Total funds for this contract remain the same ( indicate total dollars here as referenced in Paragraph /Section /Provision /Exhibit of the original contract. (Insert the following language for use with Option #4): In accordance with the terms of the original contract ( insert FY Agency code & CLIN routing #) between the State of Colorado, Department of Transportation and (insert contractor's name here ) , the State hereby exercises the option to update funding based on changes from state, federal, local match and/or local agency overmatch funds. The contract is now ( select one7 increased and /or decreased) by ( insert dollars here specified in Exhibit G -1 — Page 2 of 8 option for Exhibit C shall be labeled as follows: G2, C -3, C-4, etc.) (The following language must be included on all options): The amount of the current Fiscal Year contract value is (increased(decreased) by ($ amount of change) to a new contract value of ($ ) to satisfy services /goods ordered under the contract for the current fiscal year ( indicate Fiscal Year) The first sentence in Paragraph /Section /Provision is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is ($ ) . The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. APPROVALS: For the Contractor: Legal Name of Contractor By: Print Name of Authorized Individual Signature: Date: Title: Official Title of Authorized Individual State of Colorado: Bill Ritter, Jr., Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. State Controller David J. McDermott, CPA By: Date: Issuance date: July 1, 2008 Updated: June 12, 2008 Exhibit G -1 — Page 2 of 8 Exhibit G -1 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region NH 0251 -332 SIDE 18707 02. Project. Location Date .Brio eover "1- 25.at. Dillon Drive 3/6108 Project Description Reimburse CDOT for salary to review plans and attend meetings associated with the design. Local Agency Local Agency Project Manager City of Pueblo Mikey Bever CDOT Resident Engineer CDOT Project Manager David Miller Dan Dahlke 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 AgencyManusi. 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 atask, not applicable (NA) shall be noted. In addition, .a "W' 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 COOT 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, w prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP I STIP AND LONG-RANGE PLANS 2.1 1 Review.Pro act to ensure it is consist with STIP and amendments thereto I I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Autnor¢e fundingby. phases (CDOT "Form ' 418 - Federal-aid Program Date. Requires FHWA X cancu Irencehnvolveme nt PROJECT DEVELOPMENT 5.1 Prepare Desi qn Data -'CDOT Form 463 X x 5.2 Prepare Local A en ICDOTiInter- Governmental:A reementsee "also Chapter 3 x 5.3 1 Conduct Consultant Selecbon/Execute consultant A reement NIA 5.4 Conduct Desi SimpingReviewMeetiTo NIA 5.5 Conduct Public involvement NIA 5.6 Conduct Field. Inspection Review FIR N!A 5.7 Conduct Environmental Processes i(may re uire FHWA concurrencefinvolvement) NIA. 5.8 Ac uire Right-of-Way me require FHWA concumencelinvolvement NIA 5.9 Obtain Ut litv and Railroad A reements" NIA 5.10 Conduct Finaf OfficeReview FOR NIA 5.11 Justify Force Amount Work b Local A en a NIA 5.12 Justify Proprietary, Sole Source, or Local Agency - Furnished Items NIA. 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 for Construction X CDOT Form 1243 09/08 Pagel "of4 Previous editions are obsolete and may not be used Exhibit G -1 — Page 1 of 8 Exhibit G -1 COOT Form 1243 09106 Page2 -of 4 Previous editions are obsolete and may not be used Exhibit Ci -1 — Page 2 of 8 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 NIA Construction Contracts (CDOT Region EEO/Civil Rights S cialist 6.2 Determine A plicaoility of Davis -Bacon Act. X This project Is Nis not exempt from Davis -Bacon requirements' as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) David Miller 316/08 CDOT Resident Engineer (Signature on File) Date 6.3 Set On- the -Job Training Goals, Goal is zero if total construction is less than $1 million (CDOT X Re ion EEO/Civil lRi hts.Specialist 74 Title VI Assurances NIA Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included' in the Contract (CDOT Resident Engineer) x ADVERTISE, BID AND AWARD 71 . Obtain Approval for Advertisement Period of Less Than Three Weeks NIA. 7.2 Advertise for Bids NIA. 7.3 Distribute 'Advertisement Set' of Plans and Specifications NIA 7:4 Review Worksite and Plan Details with Prospective Bidders While Project is Under NIA Advertisement 7.5 Open Bids NIA 7.6 Process. Bids for Compliance Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718- Underutilized,DEE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the lowbidder does not meet X DBE. Submit required documentation for CDOT award concurrence NIA 7.7 Concurrence from CDOT to Award x T8 Approve Rejection of Low Bidder x 7.9 Award Contract NIA. 7.10 1 Provide "Award' and "Record" Sets of Plans and Specifications NIA. CONSTRUCTION MANAGEMENT 8.1 Issue. Notice to Proceed to the Contractor NIA. 8.2 Project Safetyx 8.3 Conduct Conferences: Pre - Construction Conference .(Appendix B) NIA Pre -survey • Construction staking M1A. • Monumentation NIA Partnering "(Optional. NIA Structural Concrete Pre -Pour. (Agenda Is in CDOT Construction Manuap NIA Concrete Pavement Pre-Paving (Agenda is in CDOT Construcrion:Manuap NIA HMA Pre-Paving ( A g enda is in CDOT Construction Mewa NIA 8.4 Develop and distribute Public Notice of Planned Construction: to media and local residents NIA '8.5 Supervise Construction A:Professional Engineer (PE) registered: in Colorado, who will be "in responsible charge of construction supervision." Local Agency Professional Engineer or - Phone. number NIA CDOT Resident'En ineer COOT Form 1243 09106 Page2 -of 4 Previous editions are obsolete and may not be used Exhibit Ci -1 — Page 2 of 8 Exhibit G -1 CDOTForm 1243 0910e Page3 of 4 Previous editions are obsolete and may not be used Exhibit G -1 — Page 3 of 8 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 NIA Construction -ins ection "and..documentation NIA 8.6. Approve Sho Drawings NIA. 8.7 .Perform Traffic Control inspections NIA. 8.8 Perform Construction Surveying NIA 8.9 Monument Ri ht -of -Way " NIA 6.10 Prepare and Approve Interim and Final Contractor Pay Estimates NIA Provide the name and phone number of the person authorized forth is task. Mikev Beyer (719) 553 -2276 Local -Agency Representative - Phone number 8.11 Prepare and .Approve Interim and Final Utility and Railroad &illings NIA 8.12 Prepare Local Agency Reimbursement Requests x 8.13 Prepare and, Authorize Chance Orders NIA 8.14 Approve All Chan a Orders x 8.15 Monitor Project Financial: Status x. x 8.16 'Pre are and Submit Monthly Proci ress.Report; x 8.17 Resolve Contractor Claims- and Disputes NIA 8.18 Conduct Routine and Random: Project Reviews. Provide the name and phone: number of the person responsible for this task. x David Miller (719) 546 -5404 CDOT Resident: Engineer Phone number MATERIALS 9.1 1 Conduct Materials. Pre- Construction Meeting NIA 9.2 Complete CDOT Form 250 - Materials Documentation Record •. Generate form, which includes determining the minimum number of required tests and NIA applicable material submittals for all materials placed on the project • Update the form:aswork progresses NIA • Complete and distribute form after work is completed NIA. 9.3 Perform Pro ect Acceptance Samples and Tests NIA 9.4 perform "Laboratory - Verification Tests NIA 9.5 Accept Manufactured Products NIA Inspection of structural components: • Fabrication of structural steel and pre- stressed concrete structural components NIA • fridge modular expansion devices (0" to6 "or greater) NIA. • Fabrication of bearing devices: NIA 8.6 1 Approve Sources of Materials NIA. 9.7 Independent Assurance Testingl(IAT), Local Agency Procedures' CDOT Procedures • Generate. IAT schedule NIA • Schedule and provide notification NIA • Conduct AT NIA 9.8 Approve mix designs • Concrete NIA • Hot mix asphalt NIA 9.9 Check Final Materials. Documentation NIA 9.10 Complete and Distribute Final Materials Documentation NIA CDOTForm 1243 0910e Page3 of 4 Previous editions are obsolete and may not be used Exhibit G -1 — Page 3 of 8 Exhibit G -1 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre- Construction Packet Requirements NIA 10.2. ProcesszCDOT form 205- Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO /Civil Rights Spa ialist NIA 10.3" Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. - Complete ODOT Form 280 NIA 10.4 Monitor Disadvantaged: Business Enterprise Participation to Ensure.." Compliance.wfth the " Commerciall y Function" .Re ul rements NIA 10.5 Conduct Interviews When Protect Util zes 0n; the -Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire NIA 10 1 Check Certified Pa rolls' (Contact the Region EEO/Civil. Rights Specialists for training requirements.) NIA. 10.7 Submit FHWA Form 1391 - HighiWay Construction Contractor's Annual EEO Re rt NIA FINALS 11.1 Conduct Final Project inspection. Complete and submit COOT Form 1212 ' Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) X 11.2 Write Final Proect Acceptance Letter i NIA 11.3 Advertise for Final'SetBement NIA 11.4 Prepare.and Distribute. Final As- Constructed Plans NIA. 11.5 Prepare EEO: Certification NIA. 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications NIA 11.7 Check Material Documentation and Accept pFinal Material Certification See Chapter 9 NIA 11.8 ObtainCDOT'Formrl4'.from the Contractor and Submit to the ResidentEngineer NIA 11.9 Obtain FHWA' Form 47- Statement of Materials and Labor Used... from the Contractor NIA 11.10 .Complete and Submit CDOT Form 1212— Final Acceptance Report (by COOT x 11.11 Process. Final Payment NIA 11:12 Complete and Submit COOT Form 950 - Proect Closure x '11.13 Retain Proect Records for Six Years from Date of Project Closure. x 17.14 Retain Final Version. of Local A enc Contract Administration Checklist z x Go CDOT Resident Engineer /ProjectManager COOT 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 1249 09106 Page4 of 4 Prevlouseditions are obsolete and may not be used Exhibit G -1 — Page 4 of 8 Exhibit G -1 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region HPP 0251331 SPD6397 16640 02 Project Location Date Dillon Drive .Bridge . over 1 -25 3/6108 Project Description City performs design and environmental services for future bridge Local Agency Local Agency Project Manager City of Pueblo Mikev Bever COOT Resident Engineer COOT Project Manager David Miller Dan: Dahlke. (INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite: each of the tasks, The X' denotes the party responsible for initiating and executing the task: Only one responsible party should be selected. When neither CDOT nor the Local Agency is responsible fora task, not applicable I shall be noted. In addition, a "4?' W ll denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff wIl be indicated. The Regions, in accordance with established policies and procedures, will determine who; will.. perform all other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local A enc - 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 1 Review Pro 'ectto- ..ensure it is consist with STIP and amendments thereto x FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authonzeffinding by- phases .(COOT Form 418 - Federal -aid Program Date. Requires FHWA X concurrence5nvolvement PROJECT' DEVELOPMENT 5.1 Prepare Design Data —.CDOT Form 463 X X 5.2 Prepare Local AqencyfCDOT .lnter- GovernmentalAgreement . see also .Chapter 3 X 5.3 Conduct Consultant Seledtioii /Execute' Consultant Agreement x 5.4 Conduct Desi nSco in::Review.Meetin x 5.5 Conduct Public Involvement x 5.6 Conduct Field Inspection Review FIR. x 5.7 Conduct Environmental Processes (may require FHWA concurrence /involvement) X X 5.8 Acquire Right-of-Wa (ma require FHWA concurrenceAnvolvemenq X 5.9 Obtain Utility and Railroad Agreements x 5.10 Conduct Final Office Raview FOR x 711 Justify Force Account Work b the Local A g enc -x 5.12 Justify Proprieta y, Sole Source, or Local Agency Furnished Items X 5.13 Document Desi n Exce ions.- CDOT Form 464 x 5.14 Prepare Plans S ecficabons and Construction Cost Estimates x 5.15 Ensure Authorization of: Funds for Construction x COOT Form 1243 09106 Pagel of 4 Previous editions are obsolete and may not be used Exhibit G-1 — Page 5 of 8 Exhibit G -1 CDOT Form 1243 09(oo Paget of 4 Previous editions are obsolete and may not be used Exhibit G -1 — Page 6 of 8 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise (UBOE) Goaisfor: Gonsultantand X Construction Contracts COOT Re ion EEO /Civil Rights S ecialist 8.2 Determine Applicability of Davis -Bacon Act X Tbis:prolect:❑ 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 col lectors may be exempt.) COOT Resident.En ineer: (Signature on File Date 6.3 Set On- the -JOb Training Goals. Goal is zero rtotal construction is less than $1 million (CDOT X Region EEO /Civil RI his Specialist 6.4. Title VI Assurances x Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract CDOT Resident Engineer) x ADVERTISE, BID AND AWARD 7.1 Obtain Approval for Advertisement Period oftess Than Three Weeks X 7.2 Advertise for Bids x 7.3 Distribute "Adverdsenment:Set" of Plans and Specifiwtions X 7.4 Review Worksite and Plan Details With Prospective Bidders While Project Is Under X Advertisement 7.5 open Bids x :7:6 Process -. Bids for Compliance _ Cheek:CDOT Form 715 - Certificate of - Proposed Underutilized DBE Participation when the low bidder meets UDBE. goals x . :Evaluate CDOT form 718- Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made 'a good faith effort vvhen the low bidder does not meet X DBE goals Submit required documentation - for CDOT award concurrence x 7.7 Concurrence from CDOT to:Avvard x 7:8 Approve Rejection of Low Bidder x 7.9 Award Contract X 7.10 1 Provide °Award" and "Record "Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue, Notice to Proceed to the Contractor x 8.2 Project Safety x 8.3 Conduct Conferences: Pre - Construction Conference (Appendix 3 - x' Pre -survey e Construction staking X X Monumentation Partnering (OlptrmalF x Structural'. Concrete Pre-Pour (Agenda is in CDOT ConstructronMenva9 X Concrete Pavement Pre-Paving ende is in CDOT Consvwbon Manua9 X HMA — Pre-Paying enda'isinCDOT Construction Manue p I X Develo sand - .distribute: Public Notice of Planned' Construction to: media and local residents X Su ervise.Gonstruction Afrofessional Engineer (PE) registered.:in Colorado, who will be' "in responsible: charge of construction supervision" Beyer (7191 55 &2276 Age Professional Engineer or - Pnonenumber X rnnT RwsiitenRenaineer CDOT Form 1243 09(oo Paget of 4 Previous editions are obsolete and may not be used Exhibit G -1 — Page 6 of 8 Exhibit G -1 CDOT Form 1243 09 /06.Page3 of 4. Previous edltlons are obsolete and may not be used Exhibit G -1 — Page 7 of 8 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT competent, experienced staff who will ensure the Contract work tis:constructed in ME Provide accordance with the plans and specifications X 1 -28 WMW Construction: inspection and documentation X 1.25 8.6 Approve Shop Drawings X. I -25 8.7 Perform Traffic Control Inspections X 1.25 8.8 Perform Construction Surveying x- 8.9. Monument Right-of-Way x 8.10: Prepare and Approve Interim and Final Contractor Pay Estimates X. Provide the name and phone number of the person authorized for this task. Mikes Bever 7191.553 -2276 l.ocal Agency Representative Phone number 8.11 Pre are.ano Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local A enc y Reimbursement Requests X 8.13 Pre are and.Authorize Chan eOr'ders x 8.14 A rove All Crian a Orders X 8.15 ' Monitor Project Financial,Status x .8.15 Pre are.and'SubmitMantnly Progress Re orts X 8.17 Resolve Contractor Claimsand 'Dis x 8.18 Conduct Routine. and Random Project Revievs Provide the name and phone number of the person responsible for this task, x David Miller (719) 546 -5404 CDOT Resident En ineer. Phone number MATERIALS 9.1 Conduct Materials Pre- Construction Moetin X 9.2 Complete CDOT Form 250 - `Materials Documentation Record • Generate form, which Includes determining the minimum number of required tests and X #(1.25) .applicable material submittals for all materials placed on the project • Update the formers work progresses X X - #t #{I --25)' 25) • Complete and distribute form after work is completed 9.3 Perform Project Acceptance Samples and Tests X 1.25. 9.4 borator Verification Tests X 1 -25 9.5 Accept Manufactured Products X. Inspection of structural components: • Fabrication of.strueturaf steel and pre- stressed concrete structural components X #(1.25) • Bridge modular expansion devices (0" toV or greater) X #(1.25). . Fabrication of bearing devices "x. #(I -25) 9.6 Approve Sources of Materials X #(1-25)7 9.7 Independent Assurance Testing (IAT), Local. Agency Procedures. LJ CDOT Procedures` LJ . GeneratelAT schedule X #(1 -25), . Schedule and provide notification X #(I -25). . ConductlAT X #{I.25) 9.8 Approve mix designs . Concrete X #(I 25) Hot minas p haft X I.25 9.9 Check final Materials Documentation X I -25 9.10 Complete and Distribute Final Materials Documentation CDOT Form 1243 09 /06.Page3 of 4. Previous edltlons are obsolete and may not be used Exhibit G -1 — Page 7 of 8 Exhibit G -1 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill: Project Bulletin Board and Pre- Construction Packet Re uirements X 10.2 Process CDOT Form 205- Sublet Permit Application Review and: sign completed CDOT Form 205: for each subcontractor, and submit to EEO /Civil'Ri htsSpecialist, X 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 260 X 10.4 Monitor Disadvantaged: Business Enterprise Participation to Ensure :Compliance with the "Commercially Useful Function" - .Requirements X 10.5 Conduct Interviews When Project. Utilizes On-the-Job Trainees. Complete CDOT Form 200 - OJT Traimn Questionnaire X 10.6 Check Certified Payrolls Contact the Re ion EEO /Civil Rights Specialists for training requirements.) X 10:7 1 Subirtt FHWA Form 1391 - Hig hva i 'Construction Contractor's Annual EEO Report X FINALS 11.1 .Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance. Report (Resident Engineer with mandatory Local Agency. participation) X 11.2 Write. Final Pro Acce Letter X I -25 11.3 Advertise,for: Final Settlement ! x 114 Prepare and,Distribute Final As- Constructed Plans X 11.5 Pre areEEO- Certification X 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications X 11.7 Cheek Material Documentation and Accept Final Material Certification. See Chapter 9 X 11:6 Obtain CDOT Form 17 from the Contractor and: Submit to the Resident. Engineer X 1119 Obtain FHWA'.FornnV - Statement of Materials and Labor Used ... from the Contractor 'X 1 -25 11 .1.0 Complete and Submit CDOT Form 1212 — Final Acceptance Report b CDOT x 11.71 Process. Final Payment ment. X X 11.12 Com p lete and Submit ' COOT Form 950- Proect Closure X 11.13. Retain Project Records for Six Yearsfrom. Date ofPro'ect Closure X X 1 Retain Final Version of Local Agency Contract Administration Checklist X X oc: CDOT Resident Engineer /Project iManager CDC)T Region Program Engineer CDOT Region EEO /Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis. Branch Local Agency Project Manager CD07Form1243 09106.Page4of4 Previous editions are obsolete and may not be used Exhibit G -1 —Page 9 of 9 Page 1 of 1 City Of Pueblo Contract Change Order Department Of Public Works Project Number: 07 - 054 Change Order No.: One Date: 06/08/09 Project Name : Dillon Drive / Eden Interchange - 1601 Stud Contractor: Short Elliot Hendrickson, Inc. (SEH) You are hereby requested to comply with the following changes from the plans & specifications: Bid Item Description of Changes Decrease increase No. Contract B Contract B EW - 1 Modify study to change NEPA requirements from a Categorical Exclusion ( "Cat -Ex ") to a more indepth Environmental Assessment ("EX) per page '16 of Schedule 1 - Basic Services of the Agreement, and to provide a System Level Study and interstate Access Request 1 Lump Sum C $221,274.00 $221,274.00 (see letter from SEH dated January 26, 2009) TOTAL Decrease / Increase $0.00 $221,274.00 Net Adjustment This Change Order $ 221,274.00 Amount of Previous Change Order(s) $ 0.00 Original Contract Amount $ 820,218.00 Total Adjusted Contract Amount To Date $ 1,041,492.00 Reason For Change: EW - 1: Added Requirements by CDOT and/or FHWA The time provided for completion of the contract is unchanged. This document shall become an amendment to t contract and all provisions of the contract apply hereto. Prepared by: Date: a5 Z9 09 Asststy ctor of P arks ` Accepted by: �Cr(tCt Z7 Date: FA. Short Elliot Hendrickson, Inc. If this Change Order causes an increase from the original contract price, signed approval by the Director constitutes representation that lawful appropriations are sufficient to cover such increase. Approved by: �� Flu Date:--<"/1/,J vector of Public Works FORM C0100.1299 A SEH January 26, 2009 Mr. Mickey Beyer Assistant Public Works Director 211 E. D Street Pueblo, CO 81003 RE: Dillon Drive Project: Project 07 -054 (DT 0802). Request for Additional Services Dear Mickey, As you are aware, SEH is currently contracted with the City to provide the traffic study, preliminary engineering, and the Cat Ex level of NEPA documentation for a Dillon Drive to "flyover" of 1 -25. This is the scope of work for the project the City directed its to undertake, based on meetings the City had with CDOT prior to contracting with SEH. Specifically excluded From our current scope of services (see page 4 "Exclusions" in Schedule I — Basic Services of the "Agreement for Professional Services" dated April 28, 2008 between the City of Pueblo and SEH) are the following: • Any alternatives analysis or traffic analysis regarding potential interchange alternatives at this location. • Conceptual layouts of any interchange alternatives except the split diamond at 1 -25 /Eden and I- 25/Dillon Drive. • NEPA documentation beyond a Categorical Exclusion level of documentation. • Preparation of documents required for interchange approval, such as a System Level Study, Interstate Access Request, or an EA/FONSL • More than one public meeting. • A public hearing for purposes of fulfilling NEPA documentation requirements. As you are further aware, CDOT and the Federal Highways Administration (FHWA) have now determined that this project needs to address CDOT interchange approval (Procedural Directive 1601) requirements, which means an EA and Decision Document (assumed FONSI), a System Level Study, an Alternatives Analysis, and a FHWA Interstate Access Request. This also means a second, formal public hearing beyond the one other public meeting is required. Thus, all the elements above are now required on this project. SEH has prepared a cast estimate to provide the additional work described above. The additional work effort required on the part of the SEH team to satisfy CDOT's and FHWA's new requirements described above is $221,274. The hourly rates and expenses provided in "Schedule 2 — Rate Schedule" in our current contract remain unchanged. To this end, the current contract upper limit of $820,218 in "Section 3. Fees for Services and Payments" must be revised to $1,041,492 to accommodate these additional services. The [GA between the City and CDOT for this project most be amended to provide for these additional work elements. And, time is of the essence in executing this Change Order #1 to our contract. The congressional earmarks for the Dillon Drive project are scheduled to expire at the end of September, Short salon Hendrickson lac., 4840 Pearl Eael Cirde, SAO 200W, aeUIE41, CO OD301-2485 SEH is an squid opparwnlly empl%'ar 1 wlesr.nhlno.aam 1 303.442.3130 1 303.442.3130 fax Letter to Mickey Beyer January 26, 2009 Page 2 2009, We must deliver a draft of the EA by no later than mid - February, 2019 in order to meet the desired schedule of securing a signed FONSI by the end of August, 2009. It is my understanding that this change order must be in place before the Draft EA can be submitted in order for the City to be reimbursed for the matching share of federal funds involved for this additional work. Sincerely, Ph�l�lteisb;uh, PE�� Project Manager E. @ a Q _c S LL a e A !p 2 A E 8 3t q 0 m m 8 u� O v a r 2 W a m A E Q ' Q ti 5 O i- m �o O Oi L N Um $ ° o LL m T 8 x W rn m a i C O U O N O E 8 W co N a m m c c J _ C C E E M m 7 V N � N � m m m h m a v 7 5 O 0 O U 0 t n V! O N U LL E 0 s a L U! 0 m �i M v m O C T m 9 2 O U m E a a C 8 x W � xx U U Z m a} N f� Of N N V N N m tV O minim m a r 3 � E E A 8 Eu w N a) U Z 00 m m O O D � j O �m& d a. a a UU 2 c O U C O A 3� E A m °OO n LL O -9m4 V 0 40 g O m ml o a O N N N s N %46140 17 17 m LI ss en m m N c F o F c m $ A m a mU Q f- Q t U m V m