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.
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