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HomeMy WebLinkAbout7703RESOLUTION NO. 77o3 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, FOR FABRICATION AND INSTALLATION WORK TO PROVIDE HIGH VISIBILITY REGULATORY SIGNS, METRO STREET SIGNS, AND THERMOPLASTIC TRAFFIC MARKINGS ON VARIOUS CORRIDORS WITHIN THE PUEBLO URBAN AREA AND CONSTRUCTION WORK TO IMPROVE THE SHARPE CURVE IN THE 1000 -1700 BLOCK OF EAST NORTHERN AVENUE (PROJECT SHO M086 -015) BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and the Colorado Transportation Department concerning fabrication and installation work to provide high visibility regulatory signs, metro street signs and thermoplastic traffic markings on various corridors within the Pueblo Urban Area and construction work to improve the sharp curve in the 1000 -1700 block of East Northern Avenue (Project SHO M086 -015) is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute this Agreement for and on behalf of the City and the City Clerk is authorized and directed to attest same and affix the Seal of the City thereto. Introduced September 11, 1995 By ,john Califano Councilperson APP VED. V ATTEST: President of the City Council City Cl Ll e0�,_� / SHO M086 -015 % _ 2s PUEBLO CORRIDOR Region 2 /TDR CONTRACT THIS CONTRACT, made this 1 h-th day of _KoVernbe 1995, by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTA- TION, hereinafter referred to as the State, and the CITY OF PUEBLO, P.O. Box 1427, Pueblo, CO 81002, hereinafter referred to as the Local Agency or as the Contractor, WHEREAS, authority exists in the law and funds have been budgeted, appropri- ated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, ORGANIZATION NUMBER 9991, APPROPRIATION CODE 010, PROGRAM 2000, FUNCTION 3301 OBJECT 2311 1 P, REPORTING CATEGORY 2040, ENCUMBRANCE NUMBER 10690 [00] C ENCUMBRANCE AMOUNT $954,424 AND FUND NUMBER 400, ORGANIZATION NUMBER 9991 APPROPRIATION CODE 010, PROGRAM 2000, FUNCTION 3200, OBJECT 2312 1 P, REPORTING CATEGORY 2040, ENCUMBRANCE NUMBER 10690 [00] C, ENCUMBRANCE AMOUNT $122,876.00. (TOTAL CONTRACT ENCUMBRANCE AMOUNT IS $1,077,300.00). WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to Title I, Part A, Section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991, certain Federal funds have been and will in the future be, allocated for projects eligible under the Surface Transportation Program, hereinafter referred to as the program; and WHEREAS, pursuant to the program, federal -aid funds have been made available for a project, identified as SHO M086 -015 for fabrication and installation work to provide high visibility regulatory signs, metro street signs, and thermoplastic traffic markings on various corridors within the Pueblo urban area and construction work to improve the sharp curve in the 1000 -1700 block of East Northern Avenue within the City, these activities hereinafter collectively referred to as "the work" or the "project "; and WHEREAS, the matching ratio for this federal -aid project is 90% federal -aid funds to 10% Local Agency funds, it being understood that such ratio applies only to such -1- costs as are eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %; and WHEREAS, the Local Agency has submitted initial design data to the State (D.O.H. Form 463), dated May 22, 1995, setting forth therein preliminary details, information and estimates of cost of this work, which data has been approved'by the State, and WHEREAS, the Local Agency has estimated the total cost of the work and is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, this contract is executed by the State under authority of Sections 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this project; and WHEREAS, the Local Agency is prepared to pay all indirect costs and provide its share of direct costs in the form of "in kind" labor in fabricating and installing the signs, the fabrication and installation of which are part of the work; and WHEREAS, the Local Agency estimates that the value of its labor contribution to be $106,920.00 which exceeds the amount of $105,000.00 that is estimated to be its share of direct project costs; and WHEREAS, the Local Agency's proposal to provide "in kind" force labor to cover its share of direct costs is acceptable to the State and the F.H.W.A.; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: -2- I. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Transportation Director, Region 2, located at 905 Erie Avenue, P.O. Box 536, Pueblo, Colorado 81002,719-546-5400. Said Region Transportation Director will also be responsible for issuing the "Notice to Proceed" to the Local Agency for commencement of the work and for coordinating the State's activities under this contract. B. The State will administer Local Agency and federal -aid funds for this project in accordance with the following provisions. All funds expended by the State for the performance of any work under this contract or relative to the administration of this contract shall be charged to this project. 1. Costs incurred by the Local Agency The State will reimburse the Local Agency for the federal -aide share of the project charges following the State's review and approval of such charges. Charges incurred by the Local Agency prior to the date the Controller approves this project or prior to Federal Highway Administration (FHWA) authorization for each phase of this project, will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly estimates of incurred costs relative to the project. The State's monthly billings for the Local Agency share will be based on actual costs. As funds are expended during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of such expenditures. Upon completion of the work to be performed under this contract and acceptance thereof by the State, FHWA and the Local Agency, the State will submit a final recapitulation of the project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non - participating costs. The State will make a good faith effort to submit the final recapitulation to the Local Agency -3- within three months after the project is completed, provided that the FHWA and the Local Agency furnish written acceptance in a timely manner. C. The State will review construction plans, special provisions and estimates and make those changes necessary to assure compliance with State and FHWA requirements. The State will afford the Local Agency ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the parties hereto. The final plans are incorpo- rated herein by this reference. D. In the event all or part of the construction work is to be contracted, the State will establish appropriate Disadvantaged Business Enterprise (DBE) goals for the construction contract(s) and complete CDOT form 719 (DBE Participation Summary) before the contract is awarded. E. The State be responsible for independent assurance testing and will conduct random project quality assurance reviews. The project also will be subject to periodic inspection by the FHWA. F. The State will perform a final project inspection prior to project acceptance as a quality control activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1446C and CDOT form 950. II. LOCAL AGENCY COMMITMENTS A. The Local Agency will provide: 1. Preliminary engineering that it undertakes (at no cost to the project), design services, preparation of construction plans, specifications for roadway work and the purchase of materials, special provisions and estimates The Local Agency's plans, standards and specifications shall be in accordance with the applicable published standards of the American Association of State Highway and Transportation Offi- cials (AASHTO) as published in A Policy on Geometric Design of -4- Highways and Streets, amended to the date of this contract. Said plans shall include details of any required detours to prevent any interference of the construction work and to protect the traveling public and shall conform with current State safety criteria, and shall be in compliance with all applicable State and federal safety requirements. All plans produced shall be stamped by a Colorado registered professional engineer, unless they were prepared by an employee of the Local Agency who is exempted by Section 12-22 - 103(1)(g) C.R.S., as amended. 2. Design work sheets used in designing the project. B. The Local Agency will comply with the following: 1. The Local Agency will prepare construction plans in accordance with the requirements of Engineering Services Section 107, Prepara- tion of Corlstruction Plans by Local Agency, attached hereto and made a part hereof. 2. The Local Agency will be responsible for the plans being accurate and complete and for reproduction of all needed copies of the plans. C. The Local Agency will comply with the applicable provisions of the State's approved Action Plan, including all federal directives contained therein by reference, which may be obtained from CDOT's Department of Environ- mental Services, 4201 E Arkansas Ave., Denver, CO 80222 D. The Local Agency will be responsible for bidding the construction contract and may enter into a contract with (a) consultant(s) to do all or any portion of the proposed preliminary engineering and preparation of construction plans. In the event that federal -aid funds provided herein are to partici- pate in the cost of work to be done by (a) consultant(s), the contract(s) shall comply with the requirements of 23 C.F.R. 172. The contract(s) with the consultant(s) shall be preceded by an acceptable proposal and may not be executed or awarded until the selection of the consultant and terms of the contract shall have been approved by the State and the Federal -5- Highway Administration (FHWA). All changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FHWA. As soon as the contract with the consultant has been awarded, one copy of the executed contract shall be submitted to the State. Any supplemental agreements shall be similarly submitted. The Local Agency shall ensure that any consultant billings shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof. E. The Local Agency shall be responsible for the right of way plans and acquisition necessary for the project. Final right of way plans shall be sealed by a Colorado licensed professional land surveyor and shall be submitted to the State pursuant to 23 C.F.R. 712.204. Right of way costs shall be billed separately and shall include a tabulation of all right of way acquisition and relocation costs by individual ownership as outlined in 23 C.F.R. 710 -305 F. The Local Agency shall perform its project right of way responsibilities in accordance with the CDOT Right of Way Manual and in compliance with the requirements of 23 C.F.R. 712. If right of way acquisition and relocation is required, the Local Agency shall be responsible to perform acquisition and relocation assistance for the project in compliance with Section 24 -56 -101, et seq., C.R.S. However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, .then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local Agency in the performance of such acquisition and assistance. Prior to taking such action, the State will provide written notice to the Local Agency of the basis of such determina- tion or action and will meet with the Local Agency to discuss possible ff0- i � a remedial measures. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required. G. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. H. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the work is to be accom- plished by railroad company forces, the Local Agency shall make application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements. Pursuant to 23 C.F.R. the Local Agency shall also establish contact with the railroad company involved for the purpose of: 1. Executing an agreement setting out what work is to be accom- plished and the location(s) thereof, and that the costs of the improvement shall be eligible for Federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation. I. In the event the Local Agency has engaged a consultant for the design of a major structure, the Local Agency /consultant contract shall contain the following: -7- t • 1. Upon advertisement for the project for construction, the consultant- shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. 2. The consultant shall review the construction contractor's shop drawings for this project for conformance with the contract documents and compliance with the applicable AASHTO stan- dards. J. The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later. If the bid is rejected, costs incurred by the State in project development will not be eligible for participation by the FHWA and must be reimbursed to the State by the Local Agency. Following award of the construction contract(s), no further revisions in design data or cost estimate shall be made except by agreement in writing between the parties. By indicating its concurrence in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds if required to complete the work under this project if no additional federal -aid funds will be made available for the project. The total amount of such additional required funds will be determined at the time of final billing. K. The Pre - construction and the Construction Administration Checklists, as amended, define responsibilities of the parties hereto with respect to the administration of these aspects of the project. The checklists are attached hereto and made a part of this contract by this reference. L. If the Local Agency requests, and the State agrees, that the Local Agency assume responsibility for administration of the construction of the project, me 1 f the Local Agency shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE). Such administration shall consist of project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; and, meeting the Quality Control (QC) requirements of the FHWA /State stewardship program. M. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and State procedures. The LAPE may be an employee of the Local Agency or a consultant. In such event, notwithstanding Section 12 -25 -103, C.R.S., as amended, the LAPE shall be in responsible charge of the construction of the project as provided in Section 12 -25 -102 C.R.S. as amended. O. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, proce- dures, and standardized billing format attached hereto and made a part hereof. Charges incurred by the Local Agency prior to the date of Federal Highway Administration (FHWA) authorization for the project will not be charged to the project. The Local Agency will advise the CDOT Audit Division upon completion of their matching requirement. P. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. 0 Q. During the time that this contract is in force, the City of Pueblo shall provide CDOT Audit Division copies of their audited financial statements. If the City of Pueblo does not have audited financial statements, arrange- ments should be made with the CDOT Audit Division, External Audit Branch to determine appropriate compensating audit activity. If the City of Pueblo has multiple contracts with CDOT, the submission of one audited financial statement to the CDOT Audit Division will suffice for all contracts in force during the audit period. R. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinanc- es, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improve- ments are being adequately maintained. III. GENERAL PROVISIONS A. The Local Agency has estimated the total cost of "the work" to be $1,077,300.00 which is to be funded as follows: a. Federal participating funds (90% of $1,050,000.00) $945,000.00 b. Local Agency share: (1) Local Agency parti- cipating funds (10% of $1,050,000.00) $105,000.00 -10- 1 (2) The Local Agency non- participating funds for indirect costs incurred by the Local Agency and /or the State (2.6% rate) $27,300.00 Subtotal (Local Agency share) $132,300.00 Total Funds $1,077,300.00 B. The matching ratio for this federal -aid urban system project is 90% federal -aid funds to 10% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. The performance of the work shall be at no cost to the State. If the total actual cost of performance of the work exceeds $1,050,000.00, and additional federal funds are made available for the project, the Local Agency shall pay 10% of all such costs eligible for federal participation and 100% of all non - participating costs. If the total actual cost of performance of the work is less than $1,077,300.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. C. The maximum amount payable to the Local Agency under this contract shall be $945,000.00 (100% of the federal funds) less federal funds withheld for State charges, unless such amount is increased by a written supplemental contract. Credit for the Local Agency matching funds is limited to not more than 10% of the total reimbursable costs incurred by the Local Agency. D. The Local Agency's 10% contribution of $105,000.00 to project costs will be provided in the form of labor, specifically the City of Pueblo will use its own labor force to fabricate and install the signage. The Local Agency estimates that the value of its labor contribution to be $106,920.00 which exceeds the amount of $105,000.00 that is estimated to be its 10% share of direct project costs. Each bill from the Local Agency will reflect the total cost incurred by the Local Agency, the Local Agency's force account (in kind) labor costs to be applied toward the Local -11- I 1 I Agency matching contribution, and the. net federal share being billed. The Local Agency will make available to the State adequate documentation of its labor contribution to the project upon request by the State. Should the Local Agency fail to adequately document its contribution to costs to the State within 30 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (400). Local Agency costs provided as their match will be verified by CDOT audit. The CDOT audit staff will contact the City of Pueblo to establish the basis for verification of the labor costs to include: the details of the anticipated cost of the labor of $106,920.00 (match being $105,000.00) and the accounting process in place to collect the labor costs. E. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided herein. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal -aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the -12- Local. Agency. The Local Agency shall pay. the State for all such. costs within 30 days of receipt of written notice from the State requesting same. F. 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 agreeable to the parties prior to bid and award. G. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and Local Agency sources. 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. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. H. Notwithstanding any consents or approvals given by the State for said plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the work of this contract. I. Because the Local Agency will use force account labor to cover its share of participating costs as hereinabove specified., the Local Agency will ensure that all work is accomplished in accordance with the pertinent State specifications as well as FAPG, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Force Account Construction. Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the F.H.W.A. in advance of the work, as provided for in FAPG, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the work to be performed. It may be agreed to participate in the work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Procurement Regulations Part 1 -15. Rental rates for publicly owned equipment -13- i I will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Bridge Construction ". All force account work shall have prior approval of the FHWA and shall not be initiated until the State has issued a written notice to proceed. The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FHWA to inspect the project and to inspect, review and audit the project records. J. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. K. During the performance of all work under this contract, the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are shown in the Non - Discrimination Provisions attached hereto and made a part hereof. L. The Special Provisions, Appendix B, Attachment LO and Engineering Services Section 107 requirements form are attached hereto are hereby made a part of this contract. M. The Local Agency shall comply with applicable federal requirements in its performance of the work and /or to any procurement of the work, under this federally funded contract. Such requirements include Title 49, Code of Federal Regulations, Part 18 ( "The Common Rule "), specifically 49 C.F.R. 18.36 regarding procurement and 49 C.F.R. 18.36(1) regarding required contract provisions. The specific provisions in 49 C.F.R. 18.36(i) containing federal statutory and regulatory citations are incorporated herein by this reference as provisions of this contract as though fully set forth. Further, the Local Agency shall include the language of this paragraph verbatim in any subcontract(s) for the work, in order to comply with 18.36(i) and to ensure subcontractor compliance with applicable federal -14- requirements. In the event of a conflict between 49 C.F.R. 18 and the provisions of this contract, the provisions of 49 C.F.R. 18 shall control. N. The Local Agency shall comply with the applicable requirements of attached FWHA Form -1273 and shall ensure that any contracted or subcontracted portions of the construction work include by attachment FHWA Form -1273 as terms and conditions of the contract(s). O. This Contract may be terminated as follows: (1) Termination for Cause If, through any cause, the Local Agency fails to fulfill in a timely and proper manner all obligations under this contract, or if the Local Agency violates any of the covenants, agreements, or stipulations under this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any satisfactory services completed on such documents and other materials. Notwithstand- ing the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold any payments to the Local Agency for the purpose of setoff until such time as the exact amount of damages due the State from the Local Agency is determined. (2) Termination for Convenience State may cancel upon thirty (30) day written notice to the Local Agency. The State shall effect such termination by giving written notice of the termination to the Local -15- Agency and_specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in the previous paragraph shall, at the option of the State, become its property. If the contract is terminated by the State as provided herein, the Local Agency will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Local Agency covered by this contract, less payments of compensation previously made; provided, however, that is less than sixty percent (60 %) of the services covered by this contract have been performed upon the effective date of such termination, the Local Agency shall be reim- bursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this contract) incurred by the Local Agency during the contract period which are directly attributable to the incomplete portion of the services covered by this contract. If this contract is terminated due to the fault of the Local Agency the previous paragraph shall apply. (3) Termination Due to Loss of Funding (Federal Funds) The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, or are withdrawn before completion of the work, the State may immediately terminate or amend this contract. -16 P. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subse- quent breach. Q. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. R. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. S. The Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. -17- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: STATE OF COLORADO ROY ROMER, GOVERNOR By (AJ Chief Clerk cutive 15irector DEPARTMENT OF TRANSPORTATION CLIFFORD W. HALL State Controller A'. B Title City Clerk APPROVED: GALE A. NORTON Attorney General By BARRY B. RY N Assistant Attorney General Natural Resources Section CITY OF PUEBLO COLORADO B Title President of theCoun FFI AI 44 $'16 000 6 « so -U D E O D City of Pueblo I, Gina Dutcher, City Clerk of the City of Pueblo, Colorado, do hereby certify that the attached is a true and correct copy of Resolution No. 7703, adopted by the City Council of Pueblo on September 11, 1995, and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 19th day of September, 1995. City ACIierki .......................................... (S E A Q OFFICE OF CITY CLERK P.O. Box 1427 Pueblo, Colorado 81002 (719) 584.0840 I 7 APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Comuliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, metal or physical handicap or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. page 1 of 2 pages E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and /or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. page 2 of 2 pages t � SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not he deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the 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 incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24- 34-402). and as requited by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub- contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Stich action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor_ or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization. or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder: or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6- AC -02B Revised 1/93 395 -53 -01 -1022 P , ige 1 of 2 Page, APPENDIX B DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. It is the policy of the Colorado Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3. DBE Program. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. A copy of the DBE Program is available from: Staff Construction Engineer Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver CO 80222 -3400 Phone: (303)757 -9231 and will be mailed to the contractor upon request. Rev. 5/86 DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO ENGINEERING SERVICES SECTION 107 PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY 107.1 All plans shall be in accordance with the Department of Highways Drafting Manual. (Copies available through Department of Highways, Staff Design Branch or Bid Plans, Room 117). 107.2 The State will prepare permanent type polyester reproductions of original drawings at a nominal charge when requested by the Local Agency. 107.3 The Local Agency may, at its option, purchase approved standard size sheets from the State. The purchase price of such materials shall be the actual cost as incurred by the State. The following approved standard size sheets measuring 22 inches by 34 inches with rectangular border of 20 inches by 31 -1/2 inches for the working drawing's, are normally available from current State inventories. DOH FORM NO. TITLE COMPOSITION 113 Summary of Approximate Quantities * Mylar 125 Structure Quantities Mylar 126 Blanket Sheet Mylar 134 Plan and Profile Mylar 146 Cross Section Vellum * Accepted trade name for polyester film 107.4 The State will prepare the title sheet for the final construction plans. The title sheet will be made available for Local Agency use upon request of the Local Agency. The cost incurred by the State for preparation of the title sheet will be charged to the project. PRE - CONSTRUCTION ADMINISTRATION CHECKLIST Region: 2 SubAccount #: to ( o Local Agency: T'Je b1, Project #: S u v m vie d i Design Project Manager: 701 1Ier Location: PJ ebi o Cgrr �,I o� Resident Engineer vN rO Description: The following checklist shall be utilized to establish. the PRE - CONSTRUCTION ADMINISTRATION CHECKLIST responsibilities of the individual parties to this agreement. RESPONSIBLE PARTY 8. Environmental Processes . . . . . . . . . 9. Design Approval . . . . . . . . . . . . . 10.. Force Account Justification . . . . . . . 11. Proprietary Item Justification . . . . . . 12. Davis -Bacon Wage Rates . . . . _ . . . . _ 13. Design Exceptions . . . . . . . . . . . . 14. Rights -of -Way . . . . . . . . . . . . . . 15. Plans, Specifications, and Construction Cost Estimates . . . . . . . . . . . . . . 16. EEO /DBE Requirements . . . . . . . . . . _ U X X CDOT N_ X* a X— _ I Ad/ 4k — X* LOCAL NO. DESCRIPTION OF TASK AGENCY 1. Transportation Improvement Program (T.I.P.) X 2. Design Data (CDOT 463) . . . . . . . . . . X 3. Funding Authorization . . . . . . . . . . 4. LPA /CDOT Project Agreement X 5. Utility, Railroad, and Consultant Agreements . . . . . . . . . . . . . . . . 6. Consultant Selection . . . . . . . . . 7. Public Hearings . . . . . . . . . . . . . . 8. Environmental Processes . . . . . . . . . 9. Design Approval . . . . . . . . . . . . . 10.. Force Account Justification . . . . . . . 11. Proprietary Item Justification . . . . . . 12. Davis -Bacon Wage Rates . . . . _ . . . . _ 13. Design Exceptions . . . . . . . . . . . . 14. Rights -of -Way . . . . . . . . . . . . . . 15. Plans, Specifications, and Construction Cost Estimates . . . . . . . . . . . . . . 16. EEO /DBE Requirements . . . . . . . . . . _ U X X CDOT N_ X* a X— _ I Ad/ 4k — X* PRE - CONSTRUCTION ADMINISTRATION CHECKLIST Page 2 RESPONSIBLE PARTY LOCAL CDOT AGENCY 17. Advertising Less Than Three Weeks 18. LPA Ad and Award . . . . . . . . . . . . . X Alp) 19. Construction Administration . . . . . . . . 1 /1_ Preliminary Checklist Revised Checklist Final Checklist Date • Date: Date * Requires FHWA concurrence/ involvement _ 03/08/95 CONSTRUCTION CONTRACT ADMINISTRATION CHECK LIST Region: Local Agency: Design Project Manager: Resident Engineer: Project Code (SA #) : /Okjo Project No.: Location: Description: The following check list shall be utilized to establish the CONSTRUCTION CONTRACT ADMINISTRATION responsibilities of the individual parties to this agreement. THE CHECK LIST MAY BE INCORPORATED INTO THE ENTITY AGREEMENT AT PROJECT INCEPTION. THE CHECK LIST SHALL BE PREPARED BY PLACING A X UNDER THE RESPONSIBLE AGENCY, OPPOSITE EACH OF THE TASKS LISTED BELOW. WHEN NEITHER CDOT OR THE LOCAL AGENCY WILL BE RESPONSIBLE FOR A PARTICULAR TASK, NON- APPLICABLE (NA) SHALL BE PLACED UNDER BOTH AGENCIES AND AN EXPLANATION OF WHY NEITHER AGENCY IS RESPONSIBLE SHALL BE INCLUDED. TASKS THAT WILL BE PERFORMED BYHHEADQUARTERS STAFF WILL SO INDICATE. THE REGIONS, IN ACCORDANCE WITH ESTABLISHED POLICIES AND PROCEDURES WHEN APPLICABLE, SHALL DETERMINE WHO SHALL PERFORM ALL OTHER TASKS THAT ARE THE RESPONSIBILITY OF CDOT. THE PROJECT MANAGER SHALL NOTIFY THE APPROPRIATE RESIDENT OF FINAL INSPECTION REVIEWS (F.I.R.) AND FINAL OFFICE REVIEWS (F.O.R.) FOR ALL LOCAL AGENCY PROJECTS. IF A CHECK LIST WAS NOT INCORPORATED INTO THE ORIGINAL PROJECT AGREEMENT OR THE CONSTRUCTION CONTRACT ADMINISTRATION RESPONSIBILITIES HAVE CHANGED THE FOLLOWING PROCEDURES SHALL BE USED. A preliminary check list shall be prepared, by the Project Manager, prior to the F.I.R. and submitted to the Region Construction Engineer (RCE) with the F.I.R notice. If Contract Administration responsibilities are changed after the F.I.R., the Project Manager, shall prepare a revised check list and submit a copy to the RCE. The Project Manager shall prepare the FINAL check list prior to the F.O.R. and submit copies to all persons receiving the F.O.R. notice. v PRELIMINARY CHECK LIST - DATE REVISED CHECK LIST - DATE FINAL CHECK LIST - DATE 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 2 NO, DESCRIPTION OF TASK 1. Set Disadvantaged Business Enterprise . . . . . . . (DBE) goals for the project. (CDOT Region EEO Representative.) 2. Set On Job Training (OJT) goals for the . . . . . . project. (CDOT Region EEO Representative) 3. Assure that the correct Federal Wage Decisions, . . all required DBE /OJT Special Provisions and the FHWA Form 1273 are include in the Contract documents. (CDOT Region Design Project Manager.) 4. Advertise for bids /open bids. . . . . . . . . . . . _1, (CDOT Agreements and Consultant Management Office, Division of Human Resources and Administration, when CDOT is responsible) 5. Distribute "bid set" of plans and specifications. 1 �4_ to the person responsible for showing the project. (CDOT Printing and Visual Communications Center, Division of Human Resources and Administration when CDOT is responsible) 6. Review work site and.plan details with prospective bidders while project is under advertisement. X X 7. Determine compliance with DBE requirements before the Contract is awarded: Nl a. Check CDOT Form 715s (Certification of. � Proposed DBE Participation) -when the low bidder meets DBE goals. (CDOT Business Development Office, 755 -9234, Room #287, Division of Human Resources and Administration) RESPONSIBLE PARTY LOCAL AGENCY D T � A 10/12/94 c i , CONTRACT ADMINISTRATION CHECK LIST PAGE 3 RESPONSIBLE PARTY LOCAL NO. DESCRIPTION OF TASK AGENCY, D T b. Evaluate CDOT Form 718 (DBE Good. . . . . . . X Faith Effort Documentation) and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals. (CDOT Business Development Office, 757 -9234, Room #287, Division of Human Resources and Administration) C. Approve /disapprove award of Contract by. . . . X- X completing CDOT Form 719 (DBE Participation Summary). THIS FORM MUST BE COMPLETED BEFORE THE CONTRACT IS AWARDED, (CDOT Business Development Office, 757 -9234, Room #287, Division of Human Resources and Administration) 8. Approve rejection of low bidder . . . . . . . . 9. Award Contract . . . (CDOT Agreements and Consultant Management Office, Division of Human Resources and Administration when CDOT is responsible) 10. Distribute "award set" of plans and specifications. X to CDOT Region Construction Engineer, CDOT Staff Construction, CDOT Staff Materials and the CDOT Region Materials Engineer. (CDOT Printing and Visual Communications Center, Division of Human Resources and Administration when CDOT is responsible) 11. Issue notice to proceed to the Contractor . . . . . (CDOT Agreements and Consultant Management Office, Division of Human Resources and Administration when CDOT is responsible) 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 4 NO. 12. DESCRIPTION OF TASK Conferences: RESPONSIBLE PARTY LOCAL AGENCY • D T 13. a. Preconstruction . . . . . . . . . . . . . . . . b. HBP prepaving . . . . . . . . . . . . . . . . C. Structural concrete prepour. . . . . . . . . . d. Concrete pavement prepaving. . . . . . . . . . x e. Presurvey: (1) Construction staking. . . . . . . . . . . �( (2) Monumentation . . . . . . . . . . . . . . X Supervision of construction: a. Professional Engineer (PE) who will be "in X responsible charge of construction supervision ". Loca�Agency or CDOT PE Phone number b. Develop and distribute public notice of. . . . X planned construction to the media and local residents. C. Competent, experienced, staff that will complete the following tasks and ensure that the Contract work is constructed in accordance with appropriate Federal Highway Administration (FHWA) and CDOT policies and procedures: (Refer to the CDOT Procedural Directives and the following CDOT Operating Manuals for guidance and assistance - CDOT Construction Manual, CDOT Field Materials Manual, CDOT Survey Manual, CDOT Davis Bacon Manual.) 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 5 NO. DESCRIPTION OF TASK ( 1) CDOT Form 205 (Sublet Permit Application): (a) Check CDOT Form 713 (Contractor . DBE Subcontractor, Supply and Service Contract Statement). Sign Form 205 if Form 713 is complete. (CDOT Region EEO Representative) (b) Check, sign and approve Form 205 . after Form 713 has been approved by the Region EEO Representative. RESPONSIBLE PARTY LOCAL AGENCY D T . DC ( Construction inspection including calculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Contractor /Subcontractors. . . . X reviews to ensure conformance with the Equal Employment Opportunity (EEO) /Affirmative Action (AA) /DBE /OJT requirements contained in the Contract. (Standard Special Provisions, Project Special Provisions and FHWA Form 1273.) ( 4) Notify CDOT Region EEO Representative and request assistance for all DBE /OJT questions or concerns. ( 5) Complete and submit to the CDOT Region. EEO Representative, CDOT Form 280 (Equal Employment Opportunity and Labor Compliance Verification). ( 6) Monitor DBE participation to ensure . . X compliance with the "Commercially Useful Function" requirements. 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 6 RESPONSIBLE PARTY LOCAL NO._ DESCRIPTION OF TASK AGENCY CDOT ( 7) Complete and submit to the CDOT Region. EEO Representative, CDOT Form 200 (OJT Training Questionnaire), when project contains OJTs. ( 8) Check certified payrolls to verify. . . . x that Contractor /subcontractors are in compliance with Contract requirements. ( 9) Coordinate submittals by Contractor . . . x and all subcontractors of FHWA Form 1391 (Highway Construction Contractor's Annual EEO Report) to the CDOT Region EEO Representative. The Report is due.in Staff Construction on August 20 for all active construction projects. (10) Materials: (a) CDOT Form 250 (Materials Documentation Record): i) Fill out and distribute. . . . CDOT Form 250 before the Contractor commences work. (CDOT Staff Materials Branch when CDOT is responsible) ii) Complete Form 250 after work. x is completed distribute per instructions in CDOT Materials Manual. 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 7 RESPONSIBLE PARTY DESCRIPTION OF TASK A EN Y, DOT (b) Approve changes to typical section �( (c) Design mix approvals: 1) Concrete . . . . . . . . . . . ._ 2) Hot Bituminous Pavement (HBP) X (d) Acceptance of manufactured products. X (e) Inspecting fabrication of. . . . . . structural steel. NlA (f) Inspecting fabrication of. . . . . . bearing devices. (g) Process control testing. . . . . . . X (h) Acceptance testing . . . . . . . . . X (i) Independent assurance testing... X. (Region Materials Laboratory) (11) Approving sources of materials. . . . . . A— (12) Approve shop drawings . . . . . . . . . . (13) Approve traffic signal equipment. . . . . (14) Construction surveying. . . . . . . . . . (15) R.O.W. monumentation. . (16) Prepare, approve and sign . . . . . . . . _ZC vouchers for interim and final Contractor pay estimates. (17) Prepare, approve and sign . . . . . . . . vouchers for interim and final Utility Company billings for utility relocation work. 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 8 RESPONSIBLE PARTY Nom. DESCRIPTION OF TASK AGENCY D T (18) Prepare and authorize CDOT Form . . . . . 94 (Minor Contract Revisions) (MCRs) and CDOT Form 90 (Contrast Modification Orders) (CMOs) (19) Approve MCRs and CMOs . . . . . . . . . . (20) Approve Federal -aid funding for . . . . . MCRs /CMOs. (21) Monitor project financial status by preparing CDOT Form 65 (Project Financial Status Report). (22) Prepare and submit monthly. . . . . . . . progress reports to the Region Construction Engineer. CDOT Form 110 (Status of Active Construction Projects), and CDOT Form 517 (Status of Construction Project Finals) (23) Contractor claims /dispute resolution. . . Local Agency must follow CDOT procedures unless Section 105.17 of the Standard Specifications is modified by a Project Special Provision. 14. Make monthly progress and final payments. . . . . . to the Contractor for completed work. (CDOT. Center for Accounting, Division of Human Resources and Administration when CDOT is responsible) 15. Make monthly progress and final payments to x Utility Companies for completed utility relocation work. (CDOT Center for Accounting, Division of Human Resources and Administration when CDOT is responsible) 10/12/94 CONTRACT ADMINISTRATION CHECK LIST PAGE 9 RESPONSIBLE PARTY LOCAL NO. DESCRIPTION OF TASK AGENCY, D T 16. Accomplish Certification Acceptance (CA) . . . . . . x requirements by conducting routine, random, project reviews to ensure that the project is being administered in accordance with the terms of the construction Contract and the approved project specific agreement between CDOT and the local agency. Provide the name and phone number of the person responsible for this task. Name of LA or CDOT person Phone Number' 17. Joint FHWA /CDOT Quality Assurance (QA) Review . . . Teams will conduct random project reviews in accordance with CDOT's Stewardship Program. (Staff Construction Branch) 18. Final project acceptance, write final project . . . _ acceptance letter and distribute per procedures in the Construction Manual. 19. Conduct final project inspection, complete and X submit FHWA Form 1446C (Final Acceptance Report). 20. Advertise for final settlement. (CDOT Staff. . . . Construction when CDOT is responsible) 21. Prepare and distribute final "as constructed" plans. 22. Check final quantities, final plans and . . . . . . the final estimate. 23. Sign final estimate sheets and . . . . x 24. Check material certifications . . . . . . . . . . . 10/12/94 7 CONTRACT ADMINISTRATION CHECK LIST PAGE 10 RESPONSIBLE PARTY LOCA NO. DESCRIPTION OF TASK AGENCY D T 25. Sign final materials certification . . . . . . . . 26. Obtain CDOT Form 17s - Contractor DBE Payment . . . Certification from the Contractor and submit to Staff Construction. 27. Obtain FHWA Form PR 47 from the Contractor, check and then.submit to-Staff Construction. (REQUIRED ONLY ON NHS PROJECTS EXCEEDING $1,000,000.) 28. Complete and submit CDOT Form 9_�_(Project Closure). 29. Retain project records. . . . . . . . . . . . 10/12/94 EXAMPLE A (Lump Sum Contracts) Company Name: Project No. Address: Project Location Employer (FEIN) ID Number: Subaccount No. Invoice Number and Date: Progress Report Dated: % Completed: (1) Current Billing Period: From: To: BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL: ( $ Total Billed to Date: $ Less: Retainage (10% of billing not to exceed 5% of contract) $ Less: Prior Payments: $ Prior Billing : $ Less Retainage: $ TOTAL CURRENT PAYMENT REQUEST: * $ (% To Date of DBE Work: ) I certify that the billed amounts are in agreement with the contract terms: Signature - - Title % Completed x Contract Total = Total Curent Payment Request (1) X (2) Date EXAMPLE B (Cost Plus Fixed Fee Contracts) Company Name: Project No. Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. % Completed: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ Current Billing Period: From: To: DIRECT LABOR: (List individually) EmDlo ee Name Classification Regular Hours Direct Hourly Rate $ Overtime Hours Cost $ Current This Period Total Amount to Date (Optional SUBTOTAL - DIRECT LABOR $ $ INDIRECT ( %) (As specified in contract) $ $ OTHER DIRECT COSTS (In - House) List individually - at actual cost as in final cost proposal; mileage (miles x $), CADD (hrs. x $), equip. rental (hrs. x $), etc. $ $ SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS) $ $ FEE ( %) (As specified in the contract) $ $ OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) (To be in this same format - attach copies) $ $ % To Date on DBE Work $ $ Outside Services Management Expense (when applicable) $ $ TOTAL CURRENT PERIOD: $ $ TOTAL TO DATE: $ $ LESS: Retaina a 10% of billing not to exceed 5 % of contract $ $ LESS: Prior Payments $ $ Prior Billing Less Retaina e $ $ TOTAL CURRENT PAYMENT REQUEST $ $ I certify that the billed amounts are actual and in agreement with the contract terms: Signature Title Date * Eligible classifications only; in accordance with contract EXAMPLE C (Specific Rates Of Pay Contracts) Company Name: Project No. Address: Em to er FEIN ID Number: Project Location Invoice Number and Date Progress Report Dated: Subaccount No. % Completed: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ Current Billing Period: From: To: PAY RATES: (List individually) Employee Name Classification Regular Hours Overtime Hours Rate of Pay $ / Hours ** Cost $ SUBTOTAL - PAY RATES: $ OTHER DIRECT COSTS In - House List individually - at actual rates as in final cost proposal; mileage (miles x $), CADD hrs. x $), equip. rental hrs. x $), etc. $ SUBTOTAL (Pay Rates and Other Direct Rates $ OUTSIDE SERVICES (Subconsultants &Vendors) (List individually) o be in this same format - attach copies $ % To Date on DBE Work. --- Outside Services Management Expense when applicable) $ TOTAL CURRENT PERIOD: $ TOTAL TO DATE: $ LESS: Retaina a 10% of billing not to exceed 5 % of contract $ LESS: Prior Payments $ Prior Billing Less Retaina e $ TOTAL CURRENT PAYMENT REQUEST: $ 1 certify that the billed amounts are actual and in agreement with the contract terms: Signature Title * Eligible classifications only; in accordance with contract ** In accordance with contract Date