HomeMy WebLinkAbout2010-078-12/21/2010-APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE TOWN OF WINDSOR C RESOLUTION 2010-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A CONTRACT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND
THE TOWN OF WINDSOR CONCERNING
THE FUNDING, CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS TO THE I-25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS,the Interstate 25/State Highway 392 Interchange("Interchange"),located
at Exit 262,borders the western limits of the Town of Windsor("Town")and the southeastern limits
of the City of Fort Collins ("City"); and
WHEREAS,the City and the Town have worked cooperatively in recent months to finalize
the design plan for improvements to the Interchange(the"Plan") and to identify sufficient funding
to finance the construction of those improvements; and
WHEREAS,the City and the Town have negotiated a contract with the Colorado Department .
of Transportation ("CDOT") to construct the improvements to the Interchange in accordance with
the Plan (the "Contract"); and
WHEREAS,on this same date,the City Council has adopted Resolution 2010-077 approving
an intergovernmental agreement between the City and the Town that establishes a Corridor Activity
Center adjacent to the Interchange (the "CAC"), approves certain land uses within the CAC,
establishes a process for developing design standards for improvements within the CAC, provides
for the imposition and collection of impact fees and public improvement fees,and also provides for
revenue sharing between the City and Town with regard to sales tax revenues generated within the
CAC; and
WHEREAS, the City Council believes that it is in the best interests of the City to enter into
the contract with CDOT and the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that entering into the Contract is in the best
interests of the City.
Section 2. That the Mayor is hereby authorized to execute the Contract in substantially
the form shown on Exhibit"A," attached hereto and incorporated herein by this reference, subject
to such modifications as the City Manager may, in consultation with.the City Attorney, deem
necessary or desirable to protect the interests of the City and effectuate the purposes of this
Resolution.
Section 3. That by the terms of this Resolution, the City Council specifically
acknowledges and affirms that it has, through Ordinance No. 111, 2010, properly appropriated
sufficient funds to satisfy the City's obligations under the Contract.
Passed and adopted at a regular meeting of the Coun ' o the City of Fort Collins this 21 st
day of December, A.D. 2010.
Mayo .
ATTEST: ' .
Iva!,
City Clerk
EXHIBIT A
(Local $CDOTWRK) Rev 10/03
Project IM 392A-012 (16639) 11 HA4 25823
SH 392 & I-25 Interchange Reconstruction 331000382
City of Fort Collins and the Town of Windsor
IGA 93 —Construction, Maintenance & Ownership
Region 4 (rp)
CONTRACT
THIS CONTRACT made this_day of 20_,by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred
to as the "State" and the CITY OF FORT COLLINS, Colorado, hereinafter referred to as the
"City", CDOT Vendor#: 2000023, and the TOWN OF WINDSOR, Colorado, hereinafter referred
to as the"Town", CDOT Vendor 2000340, the City and the Town are hereinafter referred to as the
"Contractor" or the "Local Agency." The parties hereto may be collectively 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 3301, GL Acct. 4231200011. WBS
Element and 16639.20.10, (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to
provide maintenance and construction of highways that are part of the state (or local agency)
highway system.
4. The Parties hereto jointly anticipate a project for the reconstruction of the ramps and SH 392'
overpass over I-25, the relocation of the west frontage road and the associated improvements in the
vicinity of the existing interchange and by the date of execution of this contract, a preliminary
CDOT Form 9463 describing the general nature of the work will be completed by the Parties. It is
understood and agreed that the Parties may revise this form before the Work begins as a result of
jointly agreed upon design changes. CDOT shall perform the Work described in form#463.
5. The Parties have made funds available for project IM 392A-012, (16639) which shall consist of
Reconstruction of the ramps and overpass at the interchange of I-25 and SH 392 and the relocation
of the west frontage road, referred to as the "Project" or the "Work." Such Work will be
performed in Fort Collins and Windsor, Colorado, specifically described in Exhibit A.
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6. The Local Agency has funds available and desires to provide $5,000,000 of the funding for
the work. Copies of ordinances and/or resolutions adopted by the City of Fort Collins and the
Town of Windsor acknowledging the availability of such funds and appropriating same for this
project are attached hereto and incorporated herein as Exhibit`B".
7. The Parties have estimated the total cost of the work and are prepared to provide the required
funding required to complete the work in accordance with the terms and conditions of this
Contract, and the City of Fort Collins and the Town.of Windsor hereby represent that they are
legally authorized to enter into this Contract in accordance with Section 4 of this Contract.
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 Reconstruction of the overpass
structure and ramps, relocation of the west frontage road, in Fort Collins and Windsor, 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 State Controller or designee, or on
the date made, whichever is later. The term of this contract shall continue through the
completion and final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Parties have estimated the total cost of the work and are 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.
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B. The Parties have estimated the total cost of the work to be $25,000,000 which is to be funded
as follows:
State Contribution $20,000,000
Local Agency Funds $5,000,000
Total Funds: $25,000,000
C. The "Total Funds" as recited above shall be the maximum amount to be paid by the
Parties,unless such amount is modified by a written amendment. It is understood and agreed by
the Parties hereto that the total cost of the work is the best estimate available, based on the design
data as approved at the time of execution of this contract.
D. The Parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from all 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 Local Agency will provide the agreed upon funding for this project in accordance with
the provisions of Section 4 of this Contract, and subsequent modifications thereto agreed upon
by the Parties.
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
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on which payment is made.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit D describes the Work to
be performed and assigns responsibility of that Work to either the Local Agency or the State.
The "Responsible Party" as referred to in this Contract means the Responsible Party as identified
in the Local Agency Contract Administration Checklist in Exhibit D.
A. Design [if applicable]
1. If the Work includes preliminary design or final design (the "Construction
Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the
"Plans"), the responsible party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design (Construction Plans) in accord with the requirements
of the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
C. prepare special provisions and estimates in accord with the State's
Roadway and Bridge Design Manuals and Standard Specifications for
Road and Bridge Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the
construction contract except by agreement in writing between the Parties.
The Plans shall be considered final when approved and accepted by the
Parties hereto, and when final they shall be deemed incorporated herein.
B. Construction
1. 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.
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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
(Exhibit H) 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.
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. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the
Responsible Party will certify in writing to the State that all right of way has been acquired in
accordance with the applicable state and federal regulations, or that no additional right of way is
required.
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Any acquisition/relocation activities must comply with: all applicable federal and state
statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Unifonn Relocation
Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs
as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and
Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation
(3109 charges) activities, if any, and right of 'way incidentals (expenses
incidental to acquisition/relocation of right of way—3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation
(3109 charges) but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and
relocation activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local
Agency's and the State's responsibilities for each option is specifically set forth in CDOT's
Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW Manual/.
If right of way is purchased by the Local Agency for a state highway, including areas of
influence of the state highway, the local agency shall immediately convey title to such right of
way to CDOT after the local agency obtains title.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance
or approval from any utility company, which may become involved in this Project. Prior to this
Project being advertised for bids, the Responsible Party will certify in writing that all such
clearances have been obtained.
Section 9. 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.
Page 6 of 12
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 10. 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.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate portions of the improvements at its own cost
and expense during their useful life as set forth in this contract, in a manner satisfactory to the
State and FHWA. The Local Agency will make proper provisions for such maintenance
obligations each year. Such maintenance and operations shall be conducted in accordance with
all applicable statutes, ordinances and regulations which define the Local Agency's obligations
to maintain such improvements. The State and FHWA will make periodic inspections of the
project to verify that such improvements are being adequately maintained. Maintenance duties
shall be completed as described in Exhibit A,under the section Maintenance obligations.
The Local Agency maintenance responsibilities include maintenance of aesthetic
retaining walls and features and landscaping items further identified in Exhibit B. 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 Attachment A-1 for graphic depiction of landscape areas and enhanced aesthetic
areas with designation of responsibility.
Section 12. 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 13. Termination Provisions
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This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written
notice of termination to the Local Agency and specifying the effective date thereof, at least
twenty(20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a
timely and proper manner, its obligations under this contract, or if the Local Agency shall violate
any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have
the right to terminate this contract for cause by giving written notice to the Local Agency of its
intent to terminate and at least ten (10) days opportunity to cure the default or show cause why
termination is otherwise not appropriate. In the event of termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports or other
material prepared.by the Local Agency under this contract shall, at the option of the State,
become its property, and the Local Agency shall be entitled to receive just and equitable
compensation for any services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payments advanced under the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the contract by the Local Agency,
and the State may withhold payment to the Local Agency for the purposes of mitigating its
damages until such time as the exact amount of damages due to the State from the Local Agency
is determined.
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 2"d Street, Greeley, CO 80631. Said Region Director will also be responsible for
coordinating the State's activities under this contract. All communications relating to the day-to-
day activities for the work shall be exchanged between representatives of the State's
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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 City of Fort Collins:
Pete Graham, PE Helen Migchelbrink, PE
CDOT Region 4 City Engineer
Local Agency Engineer 281 N. College Avenue
1420 2nd Street Ft Collins Colorado 80537
Greeley, Colorado 80631 (970) 962- 2514
(970) 350-2126
If to the Town of Windsor:
Dennis Wagner
Town of Windsor
301 Walnut
Windsor, Colorado 80550
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
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Parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or.of any other term, provision or requirement.
Section 21 Entire Understanding
This contract is intended as the complete integration of all understandings between the
Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have
any force or effect whatsoever, unless embodied herein by writing. No subsequent novation,
renewal, addition, deletion,.or other amendment hereto shall have any force or effect unless
embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the Parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable as provided herein.
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
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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.
25. Governmental Immunity
Notwithstanding any other provision to the contrary, nothing herein shall constitute a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended.
Liability for claims for injuries to persons or property arising from the negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials, and employees and of the
Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and
the risk management statutes, CRS §24-30-1501, et seq., as amended.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTORS: STATE OF COLORADO:
Citv of Fort Collins BILL RITTER,JR.GOVERNOR
Legal Name of Contracting Entity
2000023 By
CDOT Vendor Number Executive Director
Department of Transportation
Signature of Authorized Officer LEGAL REVIEW:
JOHN W.SUTHERS
ATTORNEY GENERAL
Print Name&Title of Authorized Officer
CORPORATIONS: By
Print Name&Title of Authorized Officer
(A corporate attestation is required.)
Approved As To Form:
Assistant City Attorney
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
Town of Windsor
Legal Name of Contracting Entity
2000340
CDOT Vendor Number
Signature of Authorized Officer
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Approved As To Form:
Town Attorney
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or
such assistant as he may delegate,has signed it. The contractor is not authorized to begin performance until the contract is signed and
dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or
services provided.
1
STATE CONTROLLER:
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DAVID J.MCDERMOTT,CPA
By
Date
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EXHIBIT A
SCOPE OF WORK
A. The Work under this contract shall consist of Construction, Maintenance and Ownership of the
proposed reconstruction of I-25 at SH 392 interchange, in Windsor and Fort Collins, Colorado. The
specific physical improvements that make up the work shall include construction of the ramps,
,overpass, subsidiary structures such as retaining walls and slope pavements, highway pavement,
lighting,drainage pipes,detention structures, signing and sigialization.
B. The property interests associated with the Interchange under this contract shall include, but not be
limited to the ownership of the following:
1. Right of way and access control;
2. Ramps associated with the Interchange;
3. Retaining Walls associated with the interchange
4. Physical features and related facilities of the Interchange, including, e.g.,the Interchange
Structure, and the Interchange Structure's associated lighting, culverts, etc.;
5. Other Interchange-related facilities, as appropriate, e.g.',bike paths,pedestrian facilities,etc.
C. The division of property interests associated with the Interchange shall be as follows:
1. CDOT shall own all of the Interchange improvements, except the improvements
designated as Local Agency property in sub-paragraph Section 1.C.2, below.
2. Local Agency shall own the landscaping and irrigation beyond minimum CDOT
standard, enhanced architectural features(see Exhibit Al)within the limits of the Interchange
areas.
3. CDOT and the Local Agency shall have the right of access to all of the property
interests associated with the Interchange.
D. Fort Collins and Windsor employees may attend project meetings and direct
costs shall be considered a part of the local match portion of the project funding.
E. The Local Agency shall provide construction management overview on the project
to ensure Local Agency requirements are met and to facilitate formal communications with CDOT
project personnel. The Local Agency representative will communicate with the CDOT project
manager for the purpose of coordination with various city departments,property owners and other
Parties as needed during the course of construction. The Representative may attend project
meetings. The Local Agency shall withhold from billing statements the direct costs accrued by
staff up to the amount of$40,000.
F. In the event of bid savings, if the total participating cost of performance of
the Work is less than $25,000,000, then the amounts of Local Agency and federal-aid
funds will be decreased in accordance with the funding ratio set forth in Section 4(B).
MAINTENANCE OBLIGATIONS
Maintenance activities shall be allocated as follows:
A. Hardscape
Exhibit A, Page 1 of 5
EXHIBIT A
CDOT shall, at its own cost and expense, maintain and operate the Hardscape improvements
constructed under this Contract(Interchange roadway), during their useful life.
CDOT Hardscape Maintenance shall include,but not limited to:
CDOT shall perform, at its costs, the Maintenance Activities for the I-25 mainline roadway,
Interchange Ramps, from edge of pavement line to edge of pavement line, curb line to curb line,
and Ramp guardrails, the SH 392 mainline roadway within the limits of the CDOT right-of-way.
The total cost of all other Maintenance Activities listed below, for the indefinite future, shall be
bome by the Local Agency and shall be at no cost to CDOT. It is understood by the Parties that
the total cost of the Maintenance Activities presumes the Maintenance Activities will be
conducted as prescribed by generally accepted CDOT practices, and will include, as required by
the Policy Directive and as appropriate and unless otherwise excluded in this Contract, the
following features and activities:
CDOT Maintenance Activities(see Exhibit Al for limits of CDOT maintenance area):
Structure#C-17-ER:
a) general maintenance of the new structures
b) rehabilitation of the new structures
c) replacement of the new structures
d) prescribed structural inspection
Pavement and other hard surfaces:
a) surface condition on the ramps from the ramp gores through the ramp termini
b) Surface condition from the outside edge of sidewalk to outside edge of pavement not
including the landscaped portion or the raised medians
Retaining Walls:
a) structural condition of the structural components of the essential retaining walls (as shown in
Exhibit Al)
Traffic Features:
b) all required regulatory, and guide signs on the ramps and SH 392
c) guardrail on the ramps and mainline 392
d) all required traffic striping and pavement markings
e) operation of traffic control equipment
Drainage:
a. existing drainage swales and culverts not affected by additional landscaping
b. major structural maintenance of drainage pipes within CDOT right-of-way
Other:
a) routine maintenance of all roadway surfaces constructed by the project including patching and
paving, snow and ice removal, sanding, and sweeping.
b) any other activities necessary to preserve the functional integrity of the Interchange and the State
Highway system
Exhibit A, Page 2 of 5
EXHIBIT A
CDOT and the Local Agency shall be responsible to perform all tasks, as are identified herein,
which are needed to complete the Maintenance Activities,as described below:
Local Agency Maintenance Activities:
The Local Agency shall perform, at their costs, Maintenance Activities pursuant to Section
43-2-135, Colorado Revised Statutes.: In addition, all new structural elements added as a
result of this project will become the responsibility of FC/W to inspect and maintain as shown
in Exhibit Al. The total cost of all other Maintenance Activities listed below, for the
indefinite future, shall be borne by the Local Agency and shall be at no cost to CDOT. It is
understood by the Parties that the total cost of the Maintenance Activities presumes the
Maintenance Activities will be conducted as prescribed by generally accepted CDOT
practices, and will include, as required by the Policy Directive and as appropriate and unless
otherwise excluded in this Contract,the following features and activities:
1. retaining wall barriers and aesthetic surface features, including, but not limited to,
painting and graffiti removal
2. additional landscaping features and all irrigation components beyond minimum CDOT
standard(further described in Landscape Permit to be submitted prior to construction)
3. additional landscaped drainage areas including cleaning of sediment and debris from
sediment pond areas
4. enhanced architectural and aesthetic treatments including fagades on essential retaining
walls
5. snow and ice removal, sweeping and other activities required to maintain sidewalks and
bike paths behind the curb or edge of pavement
6. Structural repairs on non-essential retaining wall as determined by CDOT Staff Bridge
inspection standards further described below:
Local Agency Structural Maintenance Activities:
The Local Agency shall maintain at its own cost, all new non-essential structures including
portions of retaining walls on the ramps. Inspection requirements include:
Upon completion of the project, a qualified Structural Engineer (as approved by CDOT)
shall certify that the walls have been constructed in accordance with the plans and the
structure will perform as designed.
Any structural deficiencies discovered during the certification process will be identified
and the Local Agency shall take appropriate action to correct such deficiencies. All costs
for as constructed structural inspections and subsequent maintenance activities shall be
home by the Local Agency.
Every 4 years thereafter, or as policy dictates, CDOT shall perform structural inspections of
all retaining walls as defined above. CDOT will provide a report to the Local Agency when
deficiencies are found that require remediation.
If during the life of the non-essential retaining walls the structural integrity appears to be
compromised due to vehicle crashes or deterioration of materials, CDOT shall be contacted
by the Local Agency to the following contact person:
1) State Bridge Branch Manager
4201 E. Arkansas Avenue Denver, CO 80222
Phone(303) 757-9309
Exhibit A, Page 3 of 5
EXHIBIT A
2) State Bridge Inspection Engineer
4201 E. Arkansas Avenue Denver, CO 80222
Phone(303) 757-9188
B. Landscape
1. The Local Agency shall be responsible for maintenance of landscaped features within the
Interchange, further detailed in a subsequent landscape permit. Said maintenance
responsibilities shall include, but not be limited to approved temporary irrigation,
replacement of dead or diseased sod or other plants, mowing'native and temporary
irrigated grasses for aesthetics and weed. control purposes, pruning, spraying of
insecticides and fungicides, and trash removal. The Local Agency shall provide all
personnel, equipment and other services necessary to satisfactorily perform such
maintenance responsibilities, at no cost to the State. The water for irrigation for
establishment should be provided by the contractor under the construction contract.
2. The Local Agency shall, at its own expense, repair any damage to new or existing
adjacent structures such as retaining walls, or landscaped features resulting from their
maintenance activities, including damage resulting from broken or damaged irrigation
systems, as soon as possible following the damage.
3. The State reserves the right to determine the conformance of the Landscape Maintenance
by the Local Agency under this Contract. The State will notify the Local Agency in
writing of any deficiency in the work. Upon notice of any deficiency in the Landscape
Maintenance, either: a) by the State; or b) by its own observation; or c) by any other
means, the Local Agency shall take action as soon as possible, but not later than 30
working days after such notice to correct the deficiency and to protect the safety of the
traveling public. In the event the Local Agency, for any reason, does not, or cannot
correct the deficiency within 30 working days, or does not demonstrate that action
satisfactory to cure such default has been commenced and will be completed in a timely
manner, or does not otherwise demonstrate that no deficiency exists, the State reserves .
the right to correct the deficiency and to bill the Local Agency for such work.
4. The Local Agency and its agents or contractors shall, during the term of this agreement,
be permitted to enter upon the Interchange for the purpose of performing the maintenance
activities. Local Agency shall use its reasonable efforts to restrict access to the
Interchange to only those persons and equipment necessary to perform the work
described in this agreement. The Local Agency and its agents, employees and assigns
shall not use the mainline roadway of I-25 as a means of ingress or egress to and from the
Interchange with respect to any Landscape Maintenance task to be performed by the
Local Agency pursuant to the terms of this agreement. In lieu thereof, the Local Agency,
its agents, employees, and assigns shall access the I-25 ROW from the Interchange
Ramps at locations approved by CDOT.
5. The Local Agency shall require any contractors, consultants or agents performing
Landscape Maintenance for the Local Agency under this agreement (hereinafter referred
to collectively as "contractor(s)") to maintain at all times and at such contractor's sole
expense, general liability insurance, in the amount of the least $1,000,000.00 per
occurrence, which amount may be in effect as of the date of execution of any contract,
but which amount shall be adjusted from time to time to take into consideration the
changes in the value of money and the changes in the financial risks for which the
insurance is being carried. Such insurance shall be written by companies of recognized
financial standing which are authorized to do insurance business in the State of Colorado.
Exhibit A, Page 4 of 5
EXHIBIT A
All insurance maintained pursuant to this paragraph shall name the State as an additional
insured, and shall provide that no cancellation or reduction thereof shall be effective until
at least thirty (30) days after receipt by the State of written notice thereof. The Local
Agency shall, upon request, furnish the State with certificates of such insurance.
6. In the event that the Local Agency defaults on its landscape maintenance responsibilities,
the State at its discretion may continue to maintain the landscape in accordance with the
normal standards of the State or may allow the landscaped area to revert to its original
(native) condition. In the event of such default by the Local Agency, the State reserves
the right to bill the Local Agency for its work to cure the default.
7. The Local Agency acknowledges and agrees that the State may, in the future, expand the
I-25 corridor, and in the event of such expansion, the landscaped features and other
improvements being maintained by the Local Agency may be modified by the State. In
the event of such modification, addition to or demolition of the I-25 corridor by the State,
the State shall provide to the Local Agency, at least 180 days prior to the commencement
of any such activities, written notice, which shall include specific descriptions of the
impact of such activities upon the landscaped features. The State and Local Agency,
mutually agree to fully cooperate with one another and to take all steps necessary to
coordinate the activities to be performed by the State so as to minimize the impact upon
and damage to the landscaped features and other improvements installed in the
Interchange and to maximize the salvage and preservation of the landscaping and other
improvements to the Interchange during such work to be performed by the State. At the
Local Agency's option, and after approval by the state by a license agreement or other
appropriate permit, the Local Agency may remove any materials or growing stock
located in such landscaped areas, provided that such removal occurs during the 180-day
notice period.
Exhibit A, Page 5 of 5
EXHIBIT Al
f •51
:HALL 3Cy ,''•
`V:,LL 3A. ,1
i I 1
V:fiLL 7n +1,''r^LL 7n
r;?LL t WALL 3E->/
1"TALL 2 0:`ALL�^ � AEU7 6
.
WALL 481 WALLS
'!VALE 4G
WALL 8B
YVALL 4D
t
�1
DESIGN MAINTENANCE
WALL STRUCTURE NO. LENGTH HEIGHT RESPONSIBILITY(2)
MSE BLOCK WALLS
WALL 1 WALL-C-17-1 591'-2 3/4" 4'TO 20' A
WALL 2 WALL-C-17-J 723'-2 1/2" 4 TO 20' A
CIP WALLS
WALL 5 WALL-C-17-M 189'-3 3/8" 4'TO 10' A
WALL 6 WALL-C-17-N 135'-0 3/8" 6'TO 10' A
MSE STONE VENEER WALLS
WALL 3A WALL-C-17-K 235'-10 1/2" 8'TO 18' B
WALL 4C WALL-C-17-S 200'-0" 4'TO 13' B
WALL 4D WALL-C-17-L 172'-8 1/4" 4'TO 12' B
WALL 7A WALL-C-17-0 220'-8 1/2" T TO 17' B
WALL 813 WALL-C-17-P 108'-9" 4'TO 12' B
EAST ABUTMENT WALL-C-17-R 412'-3 7/8" 6'TO 29' B
WEST ABUTMENT . WALL-C-17-Q 450'-0 1/2" 7'TO 29' B
CIP STONE VENEER WALLS
WALL 3B Non-Essential 1 88'-3 1/2" 6' C
WALL 3C Non-Essential 1 81'-11 7/8" 5' C
WALL 413 Non-Essential 1 61'-5 1/8' 6' C
WALL 713 Non-Essential 1 84'-1 1/4" 6'TO 8' C
1. Non-Essential = Aesthetic only wall purpose
2. A = CDOT maintains all elements of the wall;
B = CDOT inspects and maintains structural elements of the wall and
Fort Collins/Windsor maintains stone veneer elements of the wall;
C = Fort Collins/Windsor maintains all elements of the wall.
i
Exhibit B
CITY OF FORT COLLINS
ORDINANCE
or
RESOLUTION
EXHIBIT "C"
TOWN OF WINDSOR
RESOLUTION NO. 2010-72
A RESOLUTION APPROVING THAT CERTAIN CONTRACT BETWEEN THE TOWN OF
WINDSOR, THE CITY OF FORT COLLINS, AND THE STATE OF COLORADO, FOR THE
USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION,
CONCERNING THE FUNDING, CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS TO THE I-25 / SH 392 INTERCHANGE AND ACKNOWLEDGING THE
APPROPRIATION OF FUNDS BY THE TOWN PURSUANT TO THE PROVISIONS OF SAID
CONTRACT
IT IS HEREBY RESOLVED BY THE TO\, N BOARD OF THE TOWN OF WINDSOR,
COLORADO, AS FOLLOWS:
1. That the "Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the CONTRACT between the"Town of Windsor;the City of Fort Collins and the State
of Colorado, for the use and benefit of the Colorado Department of Transportation,a copy of which
is attached hereto and made a part hereof by this reference.
2. That the "Town of Windsor hereby authorizes the Mayor of the Town to execute
the CONTRACT on behalf of the Town.
3. That by the terms of this Resolution,the Town Board specifically acknowledges and
affirms that it has, through the ordinance approving the Tow•n's budget, properly appropriated
sufficient funds to satisfy the Tow•n's obligations under the CONTRACT.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this
IT" day of December- 2010. y
TOWN OF yk'INDSOR, COLORADO
Jotiil S. Vazquez, Ma}or%/
ATTEST:
Patti Garcia�—Tow•n Clerk
I
Exhibit D
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
IM 392A-012
SR46606, 16639 4
SSP4028,
SSP4028.
Project Location Date
SH 392 at 1-25 in Larimer County9/2/2010
Project Description
SH 392&1-25 Reconstruction
Local Agency Local Agency Project Manager
City of Fort Collins and Town of Windsor Rick Richter
CDOT Resident Engineer CDOT Project Manager
Pete Graham Long Nguyen
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement
The checklist becomes an attachment to the Local Agency agreement Section numbers correspond to the applicable chapters
of the COOT Local Agency Manual
The checklist shall be prepared by placing an'W 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 COOT nor
the Local Agency is responsible for a task,not applicable(NA)shall be noted.In addition,a"#"will denote that COOT 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 Wli perform all other tasks that are the responsibility of COOT.
The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local
Agency Project Manager,and submitted to the Region Program Engineer.if contract administration responsibilities change,the
COOT Resident Engineer,in cooperation with the Local Agency Pro ect Manager,will prepare and distribute a revised checklist
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
TIP/STIP AND LONG-RANGE PLANS
2.1 1 Review Project to ensure it is consist with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases(CDOT Farm 418-Federal-aid Program Data.Requires FHWA X
concu rrenceAnvdlvement)
PROJECT DEVELOPMENT
5.1 Prepare Design Data-CDOT Form 463 -.X X
5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement see also Chapter 3 X
5.3 -Conduct Consultant Selection/EcecuteConsultant Agreement X
5.4 Conduct Design Scoping Review Meeting X
5.5 Conduct Public Involvement X
5.6 Conduct Field Inspection Review FIR X X
5.7 Conduct Environmental Processes(may require FHWA concurrence/Involvement) X X
5.8 Acquire Right-of-Way may require FHWA concumenceAnvolvement X
5.9 1 Obtain Utility and Railroad Agreements X X
5.10 Conduct Final Office Review FOR X X
5.11 Justify Force Account Work by the Local Agency X -
5.12 Justify Proprietary,Sole Source,or Local Agency Furnished Items X
5.13 Document Design Exceptions-CDOT Form 464 X
5A4 Prepare Pians,Specifications and Construction Cost Estimates X
CDOT Form 1243 09106 Pagel of 4
Previous editions are obsolete and may not be used
Exhibit D, Page 1 of 4
Exhibit D
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
5.15 Ensure Authorization of Funds for Construction X
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X
Construction Contrails(CDOT Region EEOn MI RightsSpecialist)
6.2 Determine Applicability of Davis-Bacon Act. X
This project❑is ®is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location(Projects located on local roads and rural
minor collectors may be exempt) -
COOT Resident Engineer(Signature on File Date
6.3 Set On-the-Job Training Goals.Goal is zero if total construction is less than$1 million(CDOT X
Redw EEOA:Ml RightsSpecialist)
6.4 Title M Assurances X
Ensure the correct Federal Wage Decision,all required Disadvantaged Business
EnterpdselOn-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract(CDOT Resident En infer) 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 X
Advertisement
7.5 O n Bids X
7.6 Process Bids for Compliance
F - Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the
law bidder meets UDBE goals X
Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and
determine 0 the Contractor has made a good faith Mort when the low bidder does not meet X
DBE goals
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 Sa X
8.3 Conduct Conferences'
MANOW Pre-Construction Conference(Appmclix B) X
Pre-survey
;. • Construction staking X
• Monumentation X
Partnering(Optimal) X
Structural Concrete Pre-Pour(Agenda is in COOT Construction Memap X
r MOR Concrete Pavement Pre-Pavin (Agenda is in CDOT Construction Manua X
HMA Pre-Paving(Agenda is in CDOT Construetlon Manua# 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 Win responsible charge of
construction supervision."
Long Nguyen
Local Agency Professional Engineer or Phone number X
CDOT Form 1243 09106 Paget of 4
Previous edi8ons are obsolete and may not be used
Exhibit D, Page 2 of 4
Exhibit D
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
p CDOT Resident Engineer
imProvide 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 X
Provide the name and phone number of the person authorized for this task
Rick Richter (970)221-6798
Local.A a Re resentafive Phone number
8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X
8.12 Prepare Local Agency Reimbursement Requests .X
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. X
Pete Graham (970)350-2126
CDOT Resident Engineer Phone number
MATERIALS
9.1 Conduct Materials Pre-Construction Meeting - X
9.2 Complete CDOT Form 250-Materials Documentation Record
• Generate form,which includes determining the minimum number of required tests and X
applicable material submittals for all materials placed on the project
• Update the form as work progresses X
• Complete and distribute form after work is completed X
9.3 Perform Project Acceptance Samples and Tests X
9.4 Perform LaboratoryVerification Tests X
9.5 Accept Manufactured Products X
Inspection of structural component&
Fabrication of structural steel and pre-stressed concrete structural components X
• Bridge modular expansion devices(('to 6'or greater) X
• Fabrication of bearing devices X
9.6 Approve Sources of Materials X
9.7 Independent Assurance Testing(IAT),Loral Agency Procedures CDOT Procedures
• Generate[AT schedule X
• Schedule and provide notification X
• ConductlAT X
9.8 Approve mix designs
• Concrete X
Hot mix asphalt X
9.9 Check Final Materials Documentation. X
9.10 Com lete and Distribute Final Materials Documentation X
CDOT Form 1243 09I06 Page3 of 4
Previous editions are obsolete and may not be used
Exhibit D, Page 3 of 4
Exhibit D
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and 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 X
EEO/Civil Rights Specialist
10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee X
Interviews. Complete CDOT Form 280
10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X
'Commercially Useful Function"'Requirements
10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.Complete CDOT Form 200- X
OJT Training Questionnaire
10.6 Check Certified Payrolls(Contact the R m EEO/CMI Rights ecialists for trainingrequirements.) X
10.7 Submit FHWA Form 1391 -Highmy Construction Contractor's Annual EEO Report X
FINALS
11.1 Conduct Final Project Inspection.Complete and submit CDOT Form 1212-Final X
Acceptance Report(Resident Engineer with mandatory Local Agency participatim.)
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 X
Final Certifications
11.7 1 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 Farm 47-Statement of Materials and Labor Used... from the Contractor X
11.10 Complete and Submit COOT Form 1212—Final Acceptance Report CDOT) X
11.11 Process Final Payment X
11 A2 Complete and Submit CDOT Form 950-Pro' ct 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
oc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contrails and Market Analysis Branch
Loral Agency Project Manager
COOT Form 1243 09/06 Page!of 4
Previous editions are obsolete and may not be used -
Exhibit D, Page 4 of 4