HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/03/2015 - RESOLUTION 2015-096 AUTHORIZING THE EXECUTION OF AAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY November 3, 2015
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Resolution 2015-096 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation for Construction of the Mulberry Street Bridge Across the Poudre
River.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the
Colorado Department of Transportation (CDOT). This action will provide a repayment mechanism for City
improvements currently being constructed by CDOT as part of the State Highway 14 Bridge over the Poudre
River between Riverside and Lemay Avenue Project. All repayment funds associated with the IGA have been
previously appropriated. Funds for the City’s urban design improvements were appropriated through Council
actions (Ordinance Nos. 112, 2012 and 153, 2014). Repayment funds associated with the City of Fort Collins
Wastewater Facility frontage improvements will be paid from City of Fort Collins Wastewater Funds and Street
Oversizing Funds.
Total funding amounts are as follows:
Mulberry Bridge Urban Design Improvements Funds - $647,000
City of Fort Collins General Transportation Funds - $75,000
City of Fort Collins Wastewater Funds - $318,000
Street Oversizing Funds - $70,000
Total Amount to be Repaid - $1,110,000
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The section of Mulberry Street from the eastern city limits to Riverside Avenue is a major thoroughfare for both
the City of Fort Collins and the Colorado Department of Transportation (CDOT). The corridor serves dual
purposes; serving as one of three eastern gateways into the City as well as providing regional connections for
truck and passenger traffic.
In 2009, CDOT initiated a project to reconstruct the existing Mulberry Bridge spanning the Poudre River.
The goals for the project included additional travel lanes, multimodal facilities, and lengthening/raising the
bridge to better protect it from flooding. In addition, roadway and multimodal improvements were included
along Mulberry Street from Lemay Avenue to Riverside Avenue. Minimal urban design features were identified
as part of the original CDOT plans.
Agenda Item 14
Item # 14 Page 2
The City recognized an opportunity to enhance the new bridge and Mulberry Street within the project limits
through the addition of urban design treatments and irrigated landscape improvements. City staff began
coordinating with CDOT staff to include City desired urban design improvements. Additional urban design and
landscaping improvements are funded by the City of Fort Collins. CDOT and City staff decided to design and
construct the urban design and landscaping improvements in phases. Phase I includes the design and
construction of improvements integral to the bridge. The City managed the design of the improvements while
the construction was managed by CDOT but funded by the City of Fort Collins. Funding responsibilities for
Phase I are documented as part of the proposed Intergovernmental Agreement between the City of Fort
Collins and CDOT included with this item. Phase II will design and install additional landscaping improvements
and is funded and managed by the City. These improvements will be constructed as part of a secondary
project expected to begin spring of 2016.
The urban design, sidewalk and landscaping improvements are funded through a combination of sources,
including previously appropriated funds associated with the 2013/2014 City budget, Keeping Fort Collins Great
(KFCG) funds, development obligation funds collected as part of the City of Fort Collins Wastewater Facility
development, and Street Oversizing Funds.
CDOT initiated the construction of bridge, roadway, and Phase I urban design improvements in the fall of
2014. Based on a reimbursement commitment from the City, CDOT included additional state funds in the
project budget to finance the Phase I urban design improvements with an understanding that the City would
reimburse the state at a later date. To date, no reimbursement funds have been exchanged between the City
and CDOT. The IGA between CDOT and the City is the mechanism for this reimbursement.
CITY FINANCIAL IMPACTS
The City of Fort Collins will reimburse CDOT for the construction of urban design improvements constructed as
part of the state’s Mulberry Bridge Replacement Project.
The following is a summary of the funding reimbursement:
Reimbursement Funds
Mulberry Bridge Urban Design Improvements $647,000
General Transportation Funds $75,000
Street Frontage Obligation - Fort Collins Treatment Facility $318,000
Street Oversizing Funds $70,000
Total Reimbursement Funds to CDOT $1,110,000
The project will provide short and long term benefits through the construction of multimodal improvements, an
additional westbound travel lane, urban design features, and other improvements.
PUBLIC OUTREACH
The City and CDOT have been coordinating on public outreach throughout the project. The team conducted a
joint public open house prior to the beginning of construction, met individually with impacted business owners,
conducted stakeholder meetings, project press releases, and provided project updates to CDOT project
website:
<https://www.codot.gov/projects/SH14PoudreRiver>
This outreach will continue throughout the project.
ATTACHMENTS
1. Location Map (PDF)
S LemayAve
Riverside Ave
SH 14 / E Mulberry St
E Myrtle St
Endicott St
Cowan St
Colorado St
Hoffman Mill Rd
E Magnolia St
Lesser Dr
W
oodward Way
State Highway 14 Bridge over the Poudre River
Project Location Map
0 100 200 400 600 800
Feet
³ 1:4,000 Legend
Project Location
SH14 Bridge
Poudre River
- 1 -
RESOLUTION 2015-096
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE MULBERRY
STREET BRIDGE ACROSS THE POUDRE RIVER
WHEREAS, in the fall of 2014, the Colorado Department of Transportation (“CDOT”)
began the construction of the bridge, roadway, and urban design improvements crossing the
Poudre River (collectively the “Project”) and located on Mulberry Street, also known as State
Highway 14, between Riverside Avenue and Lemay Avenue; and
WHEREAS, prior to the commencement of construction by CDOT, the City and CDOT
agreed to certain urban design, landscaping, and pedestrian facility enhancements (collectively
the “Enhancements”) to the Project to be paid for by the City; and
WHEREAS, the Project is nearing completion; and
WHEREAS, to memorialize the agreed upon terms and formalize the reimbursement of
CDOT by the City for the costs of the Enhancements, an Intergovernmental Agreement (“IGA”)
between the City and CDOT is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, the total construction cost of the bridge is approximately $9.6 million
dollars; and
WHEREAS, pursuant to the IGA, the City will be required to reimburse CDOT in an
amount not to exceed $1,110,000.00 for the Enhancements to the Project; and
WHEREAS, reimbursement will be made from the following City funding sources:
Mulberry Bridge Urban Design Improvements $647,000.00
General Transportation Funds $ 75,000.00
Street Frontage Obligation – Fort Collins Treatment Facility $318,000.00
Street Oversizing Funds $ 70,000.00; and
WHEREAS, appropriations for the above amounts from the respective funds were made
by the City Council prior to the commencement of CDOT construction activities related to the
Project; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
- 2 -
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Enhancements to the Project be constructed and CDOT be properly reimbursed and that the
Mayor be authorized to execute the IGA between the City and CDOT in support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Mayor to execute the IGA between
the City and CDOT, substantially in the form attached hereto as Exhibit “A,” together will such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines necessary and appropriate to protect the interests of the City or further the purposes
of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of November, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Page 1 of 11
(Local $CDOTWRK Rev 10/03
PROJECT SH 14 Poudre River, 18085 15-HA4-XC-00136
REGION 4/RH SAP PO# 331001397
CONTRACT
THIS CONTRACT made _______________________________, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation, hereinafter referred to
as the “State” and City of Fort Collins, PO Box 580, Fort Collins, Colorado, 80522, CDOT Vendor
#2000023 hereinafter referred to as the “Contractor” or the “Local Agency”, the State and the Local
Agency together shall be referred to as the “Parties.”
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function 3200 GL Acct 4312700290 WBS Element or Cost
Center 18085.20.10 (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Pursuant to 43-2-102 and 43-2-103 C.R.S. as amended, the State may contract with Local
Agencies to provide maintenance and construction of highways that are part of the state (or local
agency) highway system.
4. Local Agency anticipates a project for SH 14 Bridge over Poudre River between Riverside and
Lemay Avenue in Fort Collins and by the date of execution of this contract, the Local Agency and/or
the State has completed and submitted a preliminary version of CDOT form #463 describing the
general nature of the project work.
5. The Local Agency has made funds available for project SH-14 Poudre River Bridge (18085), which
shall consist of SH 14 Bridge over Poudre River between Riverside and Lemay Avenue in Fort Collins,
referred to as the “Project” or the “Work.” Such Work will be performed in Fort Collins, Colorado,
specifically described in Exhibit A.
6. The Local Agency has funds available and desires to provide 100% of the funding for the
enhancement portion of the Work.
7. The Local Agency has estimated the total cost of the Work and is prepared to provide the funding
required for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local
Agency to enter into this contract and to expend its funds for the work under the project. A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
EXHIBIT A
Page 2 of 11
8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
9. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of SH 14 Bridge over Poudre River
between Riverside and Lemay Avenue in Fort Collins, in Fort Collins, Colorado, as more specifically
described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. This contract
2. Exhibit A (Scope of Work)
3. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the Chief Engineer or designee, or on the
date made, whichever is later. The term of this contract shall continue through the completion and
final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to provide the funding
for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the
authorized representatives of the Local Agency, which expressly authorizes the Local Agency to
enter into this contract and to expend its funds for the project. A copy of this ordinance or resolution
is attached hereto and incorporated herein as Exhibit B.
B. The Local Agency has estimated the total cost of the Work to be $1,110,000.00, which is to be
funded as follows:
a. Local Agency Funds $1,110,000.00
b. State Funds $0.0
Total Funds: $1,110,000.00
Page 3 of 11
C. The maximum amount payable by the Local Agency under this contract shall be
$1,110,000.00, unless such amount is increased by an appropriate written modification to this
contract executed before any increased cost is incurred.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project
herein being made available from local sources, as applicable. Should these sources fail to provide
necessary funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
Section 5. Project Payment Provisions
A. The State shall submit invoices to the City as a lump sum cost. Invoices shall be in proportion to
the work completed. The $1,110,000 is a not to exceed value.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 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 apportionment 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 the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs
incurred relative to the project. The State’s invoices shall include a description of the amounts of
services performed, the dates of performance and the amounts and description of reimbursable
expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures
and standardized billing format.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit C describes the Work to be
performed and assigns responsibility of that Work to either the Local Agency or the State. The
“Responsible Party” referred to in this contract means the Responsible Party as identified in the
Page 4 of 11
Local Agency Contract Administration Checklist in Exhibit C.
A. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the
construction in accordance with the approved design plans and/or administer the
construction all in accord with the Local Agency Contract Administration Checklist.
Such administration shall include project inspection and testing; approving sources of
materials; performing required plant and shop inspections; documentation of contract
payments, testing and inspection activities; preparing and approving pay estimates;
preparing, approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and
meeting the Quality Control requirements of the FHWA/CDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
2. If the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, the State shall, in
conjunction with the Local Agency, advertise the call for bids and upon
concurrence by the Local Agency will award the construction contract(s) to
the low responsive, responsible bidder(s).
(1) in advertising and awarding the bid for the construction of a federal-
aid project, the State shall comply with applicable requirements of 23
USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et
seq. Those requirements include, without limitation, that the
State/contractor shall incorporate Form 1273 in its entirety verbatim
into any subcontract(s) for those services as terms and conditions
therefore, as required by 23 CFR 633.102(e).
(2) the Local Agency has the option to concur or not concur in the
proposal of the apparent low bidder for work on which competitive
bids have been received. The Local Agency must declare its
concurrence or non-concurrence within 3 working days after said bids
are publicly opened.
(3) by indicating its concurrence in such award, the Local Agency, acting
by or through its duly authorized representatives, agrees to provide
additional funds, subject to their availability and appropriation for
that purpose, if required to complete the Work under this project if no
additional federal-aid funds will be made available for the project.
Page 5 of 11
c. If all or part of the construction work is to be accomplished by State
personnel (i.e. by force account), rather than by a competitive bidding
process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
Section 7. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company, which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing that all such clearances have
been obtained.
Section 8. Railroads
In the event the Project involves modification of a railroad company’s facilities whereby the
Work is to be accomplished by railroad company forces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of
the proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects
involving railroad facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad’s detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 9. Environmental Obligations
The State shall perform all Work in accordance with the requirements of the current federal
and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable.
Page 6 of 11
Section 10. Maintenance Obligations
The Local Agency maintenance responsibilities include maintenance of urban design features and
landscaping items further including the following:
- Decorative bridge columns
- Decorative pedestrian railings
- Aesthetic treatments to bridge foundations
- Precast panel walls
- Structural concrete stain on bridge, medians, and precast panel walls
- Electrical components associated with bridge lighting
- Drystack masonry wall
- Bridge median irrigation components
- Median subsurface drainage system
In the event that the improvements to be maintained by the Local Agency are not maintained in
an appropriate manner, CDOT reserves the right to notify the Local Agency, and if such
maintenance remains deficient for a period of thirty (30) days after such written notice, CDOT
shall perform maintenance deemed necessary and the Local Agency will reimburse CDOT for the
cost of such maintenance action.
See Exhibit A for graphic depiction of landscape areas and enhanced aesthetic areas with designation
of responsibility.
Section 11. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this contract. The State shall
maintain such records for a period of three (3) years after the date of termination of this contract or
final payment hereunder, whichever is later, or for such further period as may be necessary to resolve
any matters which may be pending. The State shall make such materials available for inspection at
all reasonable times and shall permit duly authorized agents and employees of the Local Agency and
FHWA to inspect the project and to inspect, review and audit the project records.
Section 12. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely
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and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the
Local Agency under this contract shall, at the option of the State, become its property, and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payments advanced under
the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default
or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
4, 1420 E. 2nd Street, Greeley, CO 80631 Said Region Director will also be responsible for
coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the
Local Agency for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State’s Transportation
Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed
to the individuals identified below. Either party may from time to time designate in writing new or
substitute representatives.
If to the State: If to the Local Agency:
Richard Christy
Region 4
2207 E. Highway 402
Loveland, CO 80537
Kyle Lambrecht
City of Fort Collins
PO BOX 580
Fort Collins, Colorado
Page 8 of 11
970-622-1200
Section 16. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
Page 9 of 11
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s
decision. The decision of the Executive Director or his duly authorized representative for the
determination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Page 10 of 11
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Local Agency: STATE OF COLORADO:
JOHN W. HICKENLOOPER
GOVERNOR
By______________________________
City of Fort Collins Joshua Laipply, P.E., Chief Engineer
For Shailen Bhatt, Executive Director
Department of Transportation
CDOT Vendor Number:2000023
________________________________
Signature of Authorized Officer
_________________________________
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest (Seal) By______________________________________________________
(Corporate Secretary or Equivalent, or Town/City/County Clerk)
Exhibit A
SCOPE OF WORK
The Colorado Department of Transportation is replacing a structurally deficient bridge on State
Highway 14 (Mulberry Street) over the Poudre River in Fort Collins as part of the Colorado
Bridge Enterprise (CBE). The existing bridge, originally built in 1949, will be replaced with a
wider bridge to meet current standards, accommodate bicycle lanes and provide sidewalks for
pedestrians. The project began construction in September of 2014 and has a scheduled
completion date expected in late 2015. The total cost of the construction phase is approximately
$9.6 million with funds in part coming from the Colorado Bridge Enterprise (CBE). In
partnership with CDOT, the City of Fort Collins has committed funding for the project in order
to make contributions for urban design, landscaping and pedestrian facility enhancements.
CDOT and the City of Fort Collins have determined that the total costs of the City’s
contributions to the project will be an amount not to exceed $1,110,000.00 unless such amount is
increase by an appropriate written modification to the contract.
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit C
LOCAL AGENCY
CONTRACT ADMINISTRATION
CHECKLIST
FORM 1243
Exhibit C
CDOT Form 1243 01/13 Page 1 of 4
Previous editions are obsolete and may not be used
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
FBR 0142-055
STIP No.
SR46598 / SST8000
/ SST8103
Project Code
18085
Region
4
Project Location
SH 14 Bridge Over Poudre River Between Riverside and Lemay Avenue in Fort Collins
Date
6/15/2015
Project Description
SH 14 Poudre Bridge in Ft. Collins
Local Agency
City of Fort Collins
Local Agency Project Manager
Kyle Lambrecht
CDOT Resident Engineer
Scott Ellis
CDOT Project Manager
Richard Christy
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consistent with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA
concurrence/involvement)
X
PROJECT DEVELOPMENT
5.1 Prepare Design Data - CDOT Form 463 X
5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5.3 Conduct Consultant Selection/Execute Consultant Agreement X
5.4 Conduct Design Scoping Review Meeting 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
CDOT Form 1243 01/13 Page 2 of 4
Previous editions are obsolete and may not be used
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
vharvell@hsd2.org
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1
Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and
Construction Contracts (CDOT Region EEO/Civil Rights Specialist)
X
6.2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
Scott Ellis 6/15/2015
CDOT Resident Engineer (Signature on File) Date
X
6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million (CDOT
Region EEO/Civil Rights Specialist)
X
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 of Less Than Three Weeks X
7.2 Advertise for Bids X
7.3 Distribute “Advertisement Set” of Plans and Specifications X
7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under
Advertisement
X
7.5 Open Bids X
7.6 Process Bids for Compliance X
Check 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 when the low bidder does not meet
DBE goals
X
Submit required documentation for CDOT award concurrence X
7.7 Concurrence from CDOT to Award X
7.8 Approve Rejection of Low Bidder X
7.9 Award Contract X
7.10 Provide “Award” and “Record” Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8.1 Issue Notice to Proceed to the Contractor X
8.2 Project Safety X
8.3 Conduct Conferences:
Pre-Construction Conference (Appendix B) X
Pre-survey
x Construction staking
x Monumentation
X
X
Partnering (Optional) X
CDOT Form 1243 01/13 Page 3 of 4
Previous editions are obsolete and may not be used
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
X
Construction inspection and documentation X
8.6 Approve Shop Drawings X
8.7 Perform Traffic Control Inspections X
8.8 Perform Construction Surveying X
8.9 Monument Right-of-Way X
8.10 Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Richard Christy 970-622-1280
CDOT Representative Phone number
X
8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X
8.12 Prepare Local Agency Reimbursement Requests N/A
8.13 Prepare and Authorize Change Orders X
8.14 Approve All Change Orders X
8.15 Monitor Project Financial Status X
8.16 Prepare and Submit Monthly Progress Reports X
8.17 Resolve Contractor Claims and Disputes X
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Scott Ellis 970-622-1267
CDOT Resident Engineer Phone number
X
MATERIALS
9.1 Conduct Materials Pre-Construction Meeting X
9.2 Complete CDOT Form 250 - Materials Documentation Record
x Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
x Update the form as work progresses
x Complete and distribute form after work is completed
X
X
X
9.3 Perform Project Acceptance Samples and Tests X
9.4 Perform Laboratory Verification Tests X
9.5 Accept Manufactured Products
Inspection of structural components:
x Fabrication of structural steel and pre-stressed concrete structural components
x Bridge modular expansion devices (0” to 6” or greater)
x Fabrication of bearing devices
X
X
X
X
9.6 Approve Sources of Materials X
9.7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures
x Generate IAT schedule
x Schedule and provide notification
x Conduct IAT
X
X
CDOT Form 1243 01/13 Page 4 of 4
Previous editions are obsolete and may not be used
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements 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 Rights Specialist
X
10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
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 Training Questionnaire
X
10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X
10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X
FINALS
11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X
11.2 Write Final Project Acceptance Letter X
11.3 Advertise for Final Settlement X
11.4 Prepare and Distribute Final As-Constructed Plans X
11.5 Prepare EEO Certification X
11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit
Final Certifications
X
11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X
11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer X
11.9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor X
11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X
11.11 Process Final Payment X
11.12 Complete and Submit CDOT Form 950 - Project Closure X
11.13 Retain Project Records for Six Years from Date of Project Closure X
11.14 Retain Final Version of Local Agency Contract Administration Checklist X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
X
9.8 Approve mix designs
x Concrete
x Hot mix asphalt
X
X
9.9 Check Final Materials Documentation X
9.10 Complete and Distribute Final Materials Documentation X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual) X
8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of
construction supervision.”
Scott Ellis 970-622-1267
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
X
5.8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X
5.9 Obtain Utility and Railroad Agreements X
5.10 Conduct Final Office Review (FOR) X
5.11 Justify Force Account Work by the Local Agency N/A
5.12 Justify Proprietary, Sole Source, or Local Agency Furnished Items X
5.13 Document Design Exceptions - CDOT Form 464 X
5.14 Prepare Plans, Specifications and Construction Cost Estimates X
5.15 Ensure Authorization of Funds for Construction X