HomeMy WebLinkAbout2011-068-08/16/2011-AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR TH RESOLUTION 2011-068
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION
OF THE SOUTH TRANSIT CENTER PARK AND RIDE
WHEREAS,on August 17,2010,the City Council authorized,by Resolution 2010-048,the
execution of an intergovernmental agreement with the Colorado Department of Transportation
(CDOT) for the design and construction of the South Transit Center which will be located in the
approximate vicinity of the intersection of Fairway Lane and Fossil Boulevard; and
WHEREAS, the South Transit Center includes as a component, a Park and Ride and
passenger drop-off facility,which was not funded for construction pursuant to the intergovernmental
agreement authorized by Resolution 2010-048; and
WHEREAS, the City has applied to CDOT for additional funding for the South Transit
Center Park and Ride, which funding has been offered by CDOT from its "Funding Advancement
for Surface Transportation and Economic Recovery (FASTER)" funds in an amount sufficient to
construct the Park and Ride; and
WHEREAS,the South Transit Center Park and Ride will serve a wide range of users and will
include 170 public parking stalls providing access to the Mason Trail,Transfort bus service,regional
FLEX service and also the Mason Bus Rapid Transit System which is known as "MAX"; and
WHEREAS, the National Environmental Policy Act (NEPA) environment assessment for
the Mason Corridor Bus Rapid Transit project indicated a finding of no significant impact with
respect to the construction and ongoing operation of the South Transit Center Park and Ride; and
WHEREAS, the estimated total costs of construction of the South Transit Center Park and
Ride is $1,025,538; and
WHEREAS, the City Council has determined that a local agency City matching in-kind
contribution of land value in the amount of$205,108 should be utilized in conjunction with the grant
funds to complete the construction of the South Transit Center Park and Ride; and
WHEREAS, following public outreach and upon favorable recommendation of the
Transportation Board,the City Council has determined that it is in the best interests of the City that
the Mayor enter into a contract with the Colorado Department of Transportation for the construction
of the South Transit Center Park and Ride.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a contract with CDOT in substantially
the form shown on Exhibit "A" attached hereto and incorporated herein by this reference, for the
construction of the South Transit Center Park and Ride at a total cost of $1,025,538, of which
$820,430 will be paid from the CDOT FASTER funds and $205,108 will be paid by local City
matching funds through the in-kind contribution of land value.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of August, A.D. 2011.
ayor
ATTEST: �OF FORTCO`AA
City Clerk
cOt ORA00
EXHIBIT A
STATE FUNDS/LA CONTRIBUTION AND DOES WORK
FASTER PROJECT
PROJECT#STL M455-103(18325) CMS# 12 HA4 34331
REGION 4(PCO) SAP ID#331000440
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 CITY OF FORT
COLLINS,281 North College Avenue.-Fort Collins,CO 80522,CDOT Vendor#:2000023,hereinafter referred to as
the"Contractor"or the"Local Agency."
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 4231200010,Cost Center R4510-010.
(Contract Encumbrance Amount. $0.00) Funding will be added in the future after construction phase
authorization.
2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as,amended,the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the state(or local agency)highway system.
4. Local Agency anticipates a project for design and construction of the new South Transit Center Park and Ride
(hereinafter described as"the Project")on 3.32 acres site purchased by the City of Fort Collins specifically for this
project. The site is located just west of College Avenue,south of Harmony Road. The physical address is 4919 South
College Avenue. The Local Agency desires to perform the Work described in form#463.
5. The Local Agency has requested that State funds be made available for project#STL M455-103 (18325)which
shall consist of the design and construction of a Park and Ride facility located at 4919 South College Avenue referred
to as the"Wor$" and will be performed in The City of Fort Collins, Colorado, as more specifically described in
Exhibit A.
6. The State has funds available and desires to provide 80%.of the funding for the"Work".
7. The Local Agency desires to comply with all state and other applicable requirements,including the state's general
administration of the project through this contract,in order to obtain state funds for the project.
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8. The Local Agency has estimated the total cost of the Project and is prepared to-accept the state funding for the
Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
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representatives of the Local Agency;which expressly authorizes the Local Agency to enter into this contract and to
complete the Project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
9. This contract is'executed under the authority of§§29-1-203,43-1-110;43-1-116,43-2-101(4xc) and 43-2-144,
C.R-S. and Exhibit B.
10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete the Project.
11. The Local Agency can more advantageously perform the services to complete the Project..
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The.Colorado Department of Transportation ("CDOT") will oversee The City of Fort Collins (hereinafter
described as"the City")when the City constructs the new South Transit Center Park and Ride(hereinafter referred to as
"the Project")to 3.32 acre site purchased by the City of Fort Collins specifically for this-project.The site is located just
west of College Avenue,south of Harmony Road. The physical address is 4919 S. College Avenue(Latimer County
Assessor's Office Parcel#96021-00-939)(hereinafter referred to as"Project Area').CDOT and the Citybelieve it will
be beneficial to perform this work because this facility provides access to an attractive,permanent Transit Center that
caters to a wide rangy of users,with ample bicycle parking,and access to the Mason Corridor bicycle/pedestrian trail.
The location is designed to intercept users so they can easily access the BRT,Transfort routes,and the trail rather than
driving into the city.
Work includes construction of the following features:the addition of 180 parking stalls,landscaped areas,storm
drainage,lighting,curb,gutter,and pedestrian amenities.This work will conform to the parameters articulated in the
following:the Americans with Disabilities Act,and the Larimer County Urban Area Street Standards.
The design phase was completed in March,2011. The design phase identified exact requirements,qualities,
and attributes for this work(herein after referred to as"the exact work").The exact works shall be used to complete the
construction phase of the project beginning no later than>December 2011 (FY12) o"r`at'such'.tiine thaYthe.Mason
Corridor Project Construction Grant Agreement-has•been awarded-from FTA: Constrdction•slall erid nolafer'than" ":'r .
December,2013,subject to amendment via community process.
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 4 Special Provisions contained in section 28 of this contract
2. This contract
3. Exhibit A(Scope of Work)
4. Exhibit C(Funding Provisions)
5. Exhibit D (Option Letter)
6. Exhibit E (DBE Requirements)
7. Other Exhibits in descending order of their attachment.
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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 Local Agency has estimated the total cost of the Project and is prepared to accept the state 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
complete the work under 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 project to be$19025;538.00. $205,108.00 or 20%,is the
Local Agency's share of the estimated project cost,which is further described in Exhibit C.
C. The maximum amount payable to the Local Agency under this contract shall be$8209430.00,unless such
amount is increased by an appropriate written modification to this contract executed before any increased cost is
incurred. It is understood and agreed by the parties.hereto that the total cost of the work stated hereinbefore is the
best estimate available,based on the design data as approved at the time of execution of this contract,and that such
cost is subject to revisions(in accord with the procedure in the previous sentence)agreeable to the parties prior to
bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the Work herein being
made available from state 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 will reimburse the Local Agency for incurred costs relative to the project following
the State's review and approval of such charges, subject to the terms and conditions of this
Contract. Provided however, that charges incurred by the Local Agency prior to the date this'contract is
executed by the State Controller will not be charged by the Local Agency to the project, and will not be .
reimbursed by the State.
B .The State will reimburse the Local Agency's reasonable,allocable, allowable costs of
Performance of the Work,not exceeding the maximum total amount described in Section 4. The applicable
principles described in 49 C.F.R 18 Subpart C and 49 C.F.R. 18.22 shall govem the allowability and allocabi ity
of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for
reimbursement,costs by the Local Agency shall be:
1. in accordance with the provisions of Section 4 and with thelerms and conditions of this
contract;
2. necessary for the accomplishment of the Work;
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3. reasonable in the amount for the goods and services.provided;
4. actual net cost to the Local Agency(i.e.the price paid minus any refunds, rebates,or other
items of value received by the Local Agency that have the effect of reducing the cost actually
incurred),
5. incurred for Work performed after the effective date of this contract;
6. satisfactorily documented I
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally
accepted accounting standards(a separate set of accounts,or as a separate and integral part of its current accounting
scheme)to assure that project funds are expended and costs accounted for in a manner consistent with this contract
and project objectives.
1. All allowable costs charged to the project,including any approved services contributed by
the Local Agency or others, shall be supported by properly executed payrolls,time records,
invoices, contracts or vouchers evidencing in detail the nature of the charges.
2. Any check or order drawn up by the Local Agency,including any item which is or will be
chargeable against the project account shall be drawn up only in accordance.with a properly
signed voucher then on file in the office of the Local Agency,which will detail the purpose
for which said check or order is drawn. All checks;payrolls,invoices, contracts,vouchers,
orders or other accounting documents shall be clearly identified,readily accessible,and to
the extent feasible,kept separate and apart from all other such documents.
D. 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 directlyto 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 timelypayment to the State as required by this section(within 60 days after
the date of each bill), the LocalwAgency;shall,pay, interest to t1ie.State at a:rate,of one percent per month on the-'a
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amount.of the,payment winch was not made in a timely manner;uritrl tli&billing is paid iri•-fuil. 'Itie mterest shall
accrue for the period from the required payment date to the date on which payment is made.
E.. The Local Agency will prepare and submit to the State,no more than monthly, charges for costs incurred
relative to, the project. The Local Agency's invoices shall include a description of the amounts of services
performed,the dates ofperformance 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 to be
supplied by the State.
F. To be eligible for payment,billings must be received within 60 days after the period for which payment is
being requested and final billings on this contract must be received by the State within*60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
.encumbered for the purchase of the described services. The liability of the State, at any time,for such payments
shall be-limited to the amount remaining of such encumbered funds.
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2. In the event this contract is terminated,final payment to the Local Agencymaybe withheld at the discretion
of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission,error,fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this contract or other contracts between the State
and Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R.18 shall be reimbursed by the
Local Agency,or offset against current obligations due by the State to the Local Agency,at the State's election.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit E 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 Local Agency Contract Administration Checklist in
Exhibit E.
A. Design[if applicable]
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 or Local Agency specifications if approved by CDOT.
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.
If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With Disabilities Act(ADA), and
applicable federal regulations and standards.as contained in the document"ADA Accessibility Requirements in
CDOT Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are
directed by the State to comply with FHWA requirements.
C. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided,however,that if federal-aid funds are involved in the cost of such work to be done by a
consultant,that consultant contract(and the performance/provision of the Plans under the contract)must comply
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with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as
provided by the State, including those in Exhibit F attached hereto.
If the Local Agency does enter into a contract with a consultant for the Work:
(1) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such
procurement. If denied,the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such
changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has
been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any
amendments to such contract shall also be submitted.
(3) it shall require that all consultant billings under that contract shall comply with-the State's standardized
billing format. Examples of the billing formats are available from the CDOT Agreements Office.
(4) it (or its consultant) shall use the CDOT procedures described in Exhibit F to administer that design
consultant subcontract, to comply with 23 CFR 172.5(b) and (d).
(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a
letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance-with
Exhibit F and 23 CFR 172.5(b)and(d).
(6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i)and contains
the following language verbatim:
(a) "The design work under this contract shall be compatible with the requirements of the contract between the
Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the
project. The State is an intended third party beneficiary of this contract for that.purpose."
(b) "Upon advertisement of the project work for construction,the consultant shall make available services as.
requested by the State to assist the State in the evaluation of construction and the resolution of construction problems
that may arise during the construction of the project."
(c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract
documents and compliance with the provisions of the State's publication, Standard Specifications for Road and
Bridle Construction,in connection with this work."
- (d). The State,in its discretion,will review construction plans,special provisions and estimates and will cause
the Local Agency to make changes therein that the State determines are necessary to assure compliance with State"
and FHWA requirements... _•' . '
B. Construction[if applicable]
I .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.
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2.The State shall have the authority to suspend the Work,wholly or in part,by giving written notice thereofto the
Local Agency,due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe
for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work,or for any other condition or reason deemed by the State to be
in the public interest,
3. If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer,licensed in the State of Colorado,as the Local Agency
Project Engineer(LAPE),to perform that administration. The LAPE shall administer the project in accordance
with this contract, the requirements of the construction contract and applicable State procedures.
b. ifbids are to be let for the construction of the project,it shall advertise the call forbids upon approval by the
State and award the construction contract(s) to the low responsible bidder(s)upon approval by the State.
(1) the Local Agency has the option to accept or reject.the proposal of the apparent low bidder for work on
which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3
working days after said bids are publicly opened. .
(2) 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. This paragraph also applies to projects advertised and awarded by the.State.
C. If all"or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account), rather than by a competitive bidding process,the Local Agency 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.
(1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local
Agency, the State and FHWA in advance of the Work,as provided for in 23 CFR 635.204(c). Such agreed unit
prices shall constitute a commitment as to the value of the Work to be performed.
(2) An alternative to the above is that the Local.Agency may agree to participate in the Work based on actual`
costs of labor,equipment rental,materials supplies and supervision necessary to complete the Work. Where actual
costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31..
(3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard
Specifications for Road and Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until
the State has issued a written notice to proceed.
D. State's obligations
1. The State will perform a final project inspection prior to project acceptance as a Quality
Control/Assurance activity. When all Work has been satisfactorily completed,the State will sign a
final acceptance form.
-3. Notwithstanding any consents or approvals given by the State for the Plans,the State will not be liable or
responsible in any manner for the structural design,details or construction of any major structures that
are designed by or are the responsibility of the Local Agency as identified in the Local
Agency Contract Administration Checklist, Exhibit E,within the Work of this contract.
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Section 7. ROW Acquisition and Relocation
If the Project includes right of way,prior to this project being advertised forbids,the Responsible Partywill
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.
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 Uniform Relocation Assistance and Real Property Acquisition
Policies for Federal and Federally Assisted Programs as amended(49 CFR Part 24);CDOT's Right of WayManual;
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 ofway 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 htty://www.dot-state.co.us/ROW Manual/
If right of way is purchased 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 forbids,the
Responsible Party will certify in writing to the State 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.
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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 10. Environmental Obligations
The Local Agency 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 the improvements constructed under this contract at its own cost
and expense during their useful life,in a manner satisfactory to the State and FHWA. 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 Stateand FHWA will make periodic inspections of the project to verify that such
improvements are being adequately maintained.
Section 12. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other
written materials,which pertain to the costs incurred under this contract. The Local Agency 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 maybe necessary to resolve any matters which maybe pending, The
Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly
authorized agents and employees of the State and FHWA to inspect the project and to inspect,review and audit the
project records..
Section 13. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at anytime 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
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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.
A. Termination Due to Loss of Fundin
The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise
compensated with federal and/or State funds which are available to the State for the purposes of contracting for
the Project provided for herein, and therefore,the Local Agency expressly understands and agrees that all its
rights,demands and claims to compensation arising under this contract are contingent upon availability of such
funds to the State.. In the event that such funds or any part thereof are not"available to the State,the State may
immediately terminate or amend this contract.
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,-I420 2"a
Street;Greeley,Colorado 80631.Said Region Director.,willalso be responsible for coocduiating the states 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 State: If to the Local Agency:
Tim Tuttle Kurt Ravenschlag
CDOT-Region 4 City of Fort Collins
1420 2'Street P.O.Box 580
Greeley,Colorado 80631 Fort Collins,CO 80306
(970)350-2211 - (970)221-6386
10
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. Tbird 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 Iiability 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,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,
• 11
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. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within the current term due to
unexpected overmatch,add a phase without increasing contract dollars,or increase or decrease the amount of
funding. These options are limited to the spec scenarios listed below. The Option Letter shall not be
deemed valid until signed by the State Controller or an authorized delegate.
Following are the applications for the individual options under the Option Letter form:
Option 1 - Option to extend or renew(this option applies to Highway and Signal maintenance contracts only).
In the event the State desires to continue the Services and a replacement contract has not been fully approved by
the termination date of this contract,the State,upon written notice to Contractor,may unilaterally extend this
contract for a period of up to one(1)year. The contract shall be extended under the same terms and conditions
as the original contract, including,but not limited to prices,rates and service delivery requirements. This
extension shall terminate at the end of the one(1)year period or when the replacement contract is signed by the
Colorado State Controller or an authorized delegate.
The State may exercise this option by providing a fully executed option to the contractor,within thirty(30) days
prior to the end of the current contract term,in a form substantially equivalent to Exhibit F. If the State exercises
this option, the extended'contract will be considered to include this option provision. The total duration of this
contract, including the exercise of any options under this clause,shall not exceed five(5)years.
Option 2—Level of service change within current term due to unexpected overmatch in an overbid situation
only. In the event the State has contracted all project funding and.the Local Agency's construction bid is higher
than expected,this option allows for additional Local Overmatch dollars to be provided by the Local Agency to
be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall
not be intended for any other Local Overmatch funding.
The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter
(Exhibit F),which will bring.the maximum amount payable under this contract to the amount indicated in
Exhibit C-I attached to the executed Option Letter(future changes to Exhibit C shall be labeled as C-2, C-3,etc,
as applicable). Performance of the services shall continue under the same terms as established in the contract.
The State will use the Financial Statement submitted by the Local A envy for "Concurrence to Advertise"as
evidence othee Local Agency's intent to award and it will also provide the additional amount required to
exercise this option. If the State exercises this option,the contract will be considered to include this option
provision.
12
Option 3 — Option to add overlapping phase without increasing contract dollars. The State may require the
contractor to begin a phase that may include Design, Construction, Environmental,Utilities,ROW Incidentals or
Miscellaneous(this does not apply to Acquisition/Relocation or Railroads)as detailed in Exhibit A and at the same
terms and conditions stated in the original contract with the contract dollars remaining the same. The State may
exercise this option byproviding a fully executed option to the contractor within thirty(30)days before the initial
targeted start date of the phase, in a form substantially equivalent to Exhibit F. If the State exercises this option,
the contract will be considered to include this option provision.
Option 4 -.To update funding(increases and/or decreases)with a new Exhibit C. This option can be used to
increase and/or decrease the overall contract dollars (state, federal,local match,local agency overmatch)to
date,by replacing the original funding exhibit(Exhibit C)in the Original Contract with an updated Exhibit C-1
(subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3,etc).
The State may have a need to update changes to state, federal,local match and local agency overmatch funds as
outlined in Exhibit C-1,which will be attached to the option form. The State may exercise this option by providing
a fully executed option to the contractor within thirty (30) days after the State has received notice of funding
changes, in a form substantially equivalent to Exhibit F. If the State exercises this option, the contract will be
considered to include this option provision.
Section 25. Disadvantaged Business Enterprise(DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract
Administration Checklist regarding DBE requirements for the Work,except that if the Local Agency desires to use
its own DBE.program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract,it
must submit a copy of its program's requirements to the State for review and approval before the execution of this
contract. If the Local Agency uses its program for this contract,the Local Agency shall be solely responsible to
defend that DBE program and its use of that program against all legal and other challenges or complaints,at its sole
cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility
requirements and certification,adequate legal and factual bases for DBE goals and good faith efforts. State approval
(if proirided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local
Agency for its use as described above.
Section 26. 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 ofquestions oflaw
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.
13
Section 27. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the
Effective Date or at anytime thereafter,this§Statewide Contract Management System applies. Contractor
agrees to be governed,and to abide, by the provisions.of CRS §24-102-205,§24-102-206, §24-103-601,§24-
103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion
of contract performance information in a statewide contract management system.
Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Contract,State law,including CRS §24-1035-101,and State Fiscal Rules,Policies and
Guidance.Evaluation and Review of Contractor's performance shall be part of the normal contract
administration process and Contractor's performance will be systematically recorded in the statewide
Contract Management System.Areas of Evaluation and Review shall include,but shall not be limited to
quality,cost and timeliness.Collection of information relevant to the performance of
Contractor's obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of Contractor's obligations.Such
performance information shall be entered into the statewide Contract Management System at intervals
established herein and a final Evaluation,Review and Rating shall be rendered within 30 days of the end of
the Contract term. Contractor shall be notified following each performance Evaluation and Review,and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure
to meet the performance measures established hereunder,the Executive Director of the Colorado Department
of Personnel and Administration(Executive Director),upon request by the Department of Transportaion,
and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts.
Contractor may contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may
result in either removal or correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS §24-105-
102(6),exercising the debarment protest and appeal rights provided in CRS§§24-109-106, 107,201 or 202,
which may result in the reversal of the debarment and reinstatement of Contractor,by the Executive Director,
upon showing of good cause
Remainder of this Page Intentionally Left Blank
14
Section 28. SPECLIL PROVISION
The Special Provisions apply to all contracts except where noted in italics
1. CONTROLLER'S APPRO VAL. CAS§24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CAS§24-30-202(S.S).Financial obligations of the State payable after the
current fiscalyear are contingent upon funds for thatpurpose being appropriated,budgeted,and otherwise made
availably
3. GOVERNMENTAL LU IUMTY.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,protections,or other provisions, of
the Colorado-Governmental Immunity Act, CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.G
§§1346(b)and 2671 et seq.,as applicable now or hereafter amended
4. INDEPENDENT COAMWTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed to be
an agent or employee of the State. Contractor and its employees and agents are not endded.to unemployment insurance
or workers compensation benefits through the State and the State shall notpay for or otherwiseprovide such coverage
for Contractor or any of its agents or employees Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract
Contractor shall not have authorization,express or implied,to bind the State to any agreement,liability or
understanding,except as expressly set forth herein. Contractor shall(a)provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required bylaw, (b)prowdeproof thereof
when requested by the State, and(c)be solely responsible for its ads and those of its employees and agents
S. COMPLIANCE WITHLAW. Contractor shall strictly comply with all applka&federal and State
laws, rules,and regulations in effect or hereafter established,including, without limitation,laws applicable to
discrimination and unfair employment practices
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto,shall be applied
In the interpretation,execution,and enforcement of this contract.Anyprovision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void Anyprovil on incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any acdon.atlaw,whether by way of complaint,defense,or otherwise.Any provision
rendered null and void by the operation of this provision shall not invalidate the remainder of this contract,to the
extent capable of execution.
7. BINDINGARBITRATIONPROHIBITED._The State of Colorado does not agree to binding
arbitration by any eadra judicial body or person.Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void
8 SOFTWARE PIRACYPROHIBITION. Governor's Executive OrderD 002 00.State or other public
funds payable under this contract shall not be used for the acquisition,operation,or maintenance of computer software
in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems
and controls to prevent such improper use ofpublie funds If the State determines that Contractor is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this contras, including, without
limitation,immediate termination of this contras and any remedy consistent with federal copyright laws or applicable
licensing restrictions.
9. EMPLOYEE FINANCLML INTEREST/CONFLICT OFEWEREST. CRS§§,24-18-201 and 24-50-
507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service orproperty described in this contract Contractor has no interest and shall not acquire any
interest, direct or indirect,that would conflict in any manner or degree with the performance of Contractor's services
and Contractor shall not employ any person having such known interests.
15
10. VENDOR OFFSET. CRS§§24-30-202 (1)and 24-30-202.4.[Not Applicable to intergovernmental
agreements]Subject to CRS§24-30-202.4(3.5),the State Controller may withhold.payment under the State's vendor
offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support arrearages,
(b) unpaid balances of tax,accrued interest,or other charges specified in CBS§39-21-101,et seq.; (c) unpaid loans due
to the Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the
Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency
determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS§8-17.5-101.[Not Applicable to agreements relating to the
offer,issuance,or sale of securities,investment advisory services or fund management services,sponsored projects,
intergovernmental agreements,or information technoloV services orproducts and services]Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who willperform work under
this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this contract,through participation in the E-Verify Program or the Department
program established pursuant to CRS§8-175-IO2(S)(c), Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-
employment screening of job applicants while this contract is being performed, (b)shall notify the subcontractor and
the contracting State agency within three days ifCentractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply
with reasonable requests made in the course of an investigation,undertaken pursuant to CBS§8-17.5-102(S), by the
Colorado Department of Labor and-Employment If Contractor participates in the Department program, Contractor
shall deliver to the contracting State agency,Institution ofBigher Education orpolitical subdivision a written,
notarized afrmadon, affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program.If Contractor faits to.comply with any
requirement of this provision or CRS§8-17.5-101 et seq.,the contracting State agency,institution of higher education
orpolitical subdivision may terminate this contract for breach and,if so terminated, Contractor shall be liable for
damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CBS§24-7&5-l01. Contractor,ifa natural person
eighteen (78)years of age or older, hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or
otherwise lawfullypresent in the United States pursuant to federal law, (b)shall comply with theprovisions of CBS
§24-76.5-101 et seq.,and(c)has produced one form of idendfrcation required by CRS§24-76.5-103 prior to the
effective date of this contract
Revised 1-1-09
16 `�
MEN=
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
LOCAL AGENCY: STATE OF COLORADO:
JOHN W.HICKENLOOPER,GOVERNOR
City of Fort Collins
By
Legal Name of Contracting Entity Executive Director
Department of Transportation
2000023
CDOT Vendor Number
LEGAL REVIEW:
Signature of Authorized Officer
JOHN W. SUTHERS
ATTORNEY GENERAL
By
Print Name&Title of Authorized Officer
LOCAL AGENCIES:
(A Local Agency attestation is required.)
Attest(Seal)By
(Town/City/County Clerk) (Place Local Agency 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 maynot be obligated to pay for the
goods and/or services provided.
STATE CONTROLLER:
` DAVID J.MCDERMOTT,CPA
By.
Date:
17
Exhibit A
FORM 463
or
SCOPE OF WORK
6
COLORADO DEPARTMENT OF TRANSPORTATION Orig.Date:012412011 Project Cade N(SAtt):18325 STIPq:SR47005
DESIGN DATA Rev.Date: Project M STL M455-103
Revision M 0 PE Project Code: 18325
Page 1 to 3 Region#:04 Project Description:South Transit Center Park&Ride
Status: ® Preliminary ❑ Final [I Revised ,
Submitted B PM:TUTTLET County;069
Y Approved by Program Engineer.
Date: Municipality:Fort Collins
Revised by. System Code:Z-Not on any Federal-Aid HI hwa
Oven ht By:A-ExemDt
Date: Planned Lerqth., 0.250
Geographic Location:SOUTH TRANSIT CENTER IN FORT COWNS
Type of Terrain:Urban
Description of ftPosed ConsmictioMmprovement(Attach map showing site location)
CONSTRUCT PARK&RIDE
Proled Characteristics proposed) Median(Type$ ❑ Depressed ❑ Painted ❑ Raised ❑ Nona
R3 Lighting i
® Han4cap Ramps 0 Traffic Control SkTws SM Erg
® Curb and Gaffer ❑ Cub Onty ❑ Len-Turn Slots ❑ Corftwus Width,-
swM wkm- rl Bikevo Width-- Right-Turn Slots Conti urous Width-
CI
Lena vvwh- ❑ Detours Signing
C9 Landscaping requirements(desalptlon ® Construction El Permanent
l: ® Other(desalptionk
Asphalt,concrete,stonn drainage,pedestrian amenities
Right of Way Yes/No ESL ff Utilities(list names of known utility companies)
ROW Wor Parts.Easement Required No
Relocation RegWred No
Tempora yEasement Requha& No
Changes In Accesz No .
Changes to Connecting Roads: No
Railroad Crossings B of Crossings:
Roconnrrendaguw
EmrironmerMai Type; Approved On: Project Code S Cleared Under: Project Cleared Under:
None
Commerce: .
Coordination
❑ Wfthdrawn Lands(Power Sites,Resenrobs,Etc.)Cleared through BL.M of Forest Service Office Irrigation Ditch Name;
❑ New Traffic Ordinance Required ❑ Modify Schedule of ExlsWg Ordlnanca Mundtmlity:Fod Collins
Offw.
Construction Method Advertised By. NoAd Reason: trrgry/Agency'Corttact Name: Phone M
r None I Design I Kurt Ravenschla 970-221-6386
Safety Considerations Project Under.Other Criteria Guardrail meets arrant standards; No
fl Variance In Vm mum Design Standards Required ❑ Safety project not all standardsComments:
❑ 'Judlfication Attached ❑ Request to be Sub addressed .
B see Rem 12 See Remarks
❑ Stage Construction explain In remarks) .
3R projects
Safery,Evahratkm Carnpfeta(date):
n '
Page 2 of 3 Project Code#(SA#): Project#: Revise data:
18325 STL M455.103
Use Columns B,C.D and/or E to Identifyfall described below
A= Bo C= D= E=
Traffic
Current Year AD ..
D
DHV Trucks
Future Year AD
DHV
Facility Locatlon ❑ Industrial .❑ Commercial ❑ Industrial ❑ Commercial ❑ Industrial ❑ Commercial ❑ Industrial ❑ Commercial ❑ Industrial ❑ Commercial
Residential Other Residential Other Residential Other Residenllet Other ❑ Residential Ej Other
I Roadway Class ..
Route
T-
Refpt 0.000
Endref t 0.000 �.
Functional Cleselflcatlon
Facility
Rural Code 2 - -
Design Standards Standard E Wng Proposed Ulterote Standard Usans proposed Uli4nad Standard 6dstirq Propasad Vlti nW- Standard SdetaV Proposal tJlamata standard Efdstln9 Proposed Vitlmate
Design Variance Re uirod substandard Items are Identified with an'In Tat column d.clafffy as desl n verfance with CDOT Form#444
Width of Travel Lanes
Shoulder width Woutside
Shoutderwidth rVoutside
Design Speed
Crass SLCQG
Maxau 'ereleva"On rate
On.Radius
Min.Horizontal SSD
Min.Vertical SSD '
Max Grade '
MaIgn Decision Letter a ulred substandard iteitts are Inds (fled with an•In 1st colump&clartl with decision letter)
JyplcalSecUorrType
#of Travel Lanes
Side Slope Dist
Median Width -
Posted Speed
r.
Page 3 of 3 Project coda#(SA#$ Project#: Revise Date: -
18325 STL M455-103
Major Structures S=to stay,R=to be removed,P=proposed new structure
Reference Standard Structure Structural Horizontal Vertical Year
Structure ID# . Point Feature Intersected Width Roadway Capact Gearance gearerrce Built
Proposed Treament of Bridges to Remain In Place(address bridge rag,capacity,and allowable surfacing thickness):
Remarks
City of Fort CoUlns Is responsible for ROW,Environmental,UUMes,design,advertisement,award,and contruction management.
This project is trot on a roadway.
The Colorado Department of Transportation(#COOT#)will oversee The City of Fort Collins(hereinafter described as#the City#)when
the City constructs the new South Transit Canter Perk and Ride(hereinafter referred to as#the Project#)to 3.32 acre site
purchased by the City of Fort Centre specifically for this project The site is located just west of College avenue,south of
Hammny Road The physical address Is 4919 S.College Avenue Wmer Cou*Assessor#s office Parcel#98021-00939)(hereinafter
referred to as#Project AreaM.CDOT and the City believe It will be beneficial to perform this work because tMs facility provtdas
access to an attractive,permanent TfansB Carder that caters to a wide range of users,with ample bicycle paring,and access to
Ste Mason Corridor bicydelpedestrlan ball.The location is designed to Intercept users so they can easily access the BRT,
Transfort routes,and the bag rather than drivlo9 into Ora city.
Work Includes construction of the following features:the adcftn of 180 parking stags.landscaped areas,stwim drainage,
fighting,curb,gutter,and pedestrian amenities.This work will conform to the parameters arikulated In the following:the
Americans with Disabilities Act and the Lorimer County Urban Area Street Standards,
The design phase was completed In March,2011.The design phase identified exact requirements,qualities,and attributes for dtt
work(herein after referred to as#Qte exact wodffl�The exact work shag be used to complete the construction phase of the project
beginning no later than December 2011,(FYI 2)or at such time that the Mason Corridor Project Construction gent Agreement has been
awarded from FTA.Construction shag end no later than December,2013,subject to amendment via community process.
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
29. EXHIBIT C—FUNDING PROVISIONS
A. Cost of Work Estimate, STL M455-103, 18325, S Transit Ctr Park& ride
The Local Agency has estimated the total cost the Work to be$1,025,538.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. State Funds $820,430.00
(80% of Participating Costs)
Local Agency share of total project cost is
estimated at$205,108.00 or 20%of
estimated project cost
OTAL BUDGETED FUNDS $820,430.00
2 ESTIMATED CDOT-INCURRED-COSTS
a. State Share $0.00
(0% of Participating Costs)
b. Local Agency
Local Agency Share of Participating Costs $0.00
Non-Participating Costs(Including Non-
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted.(la) $820,430.0
b. Less Estimated State Share of CDOT-Incurred Costs(, a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $820,430.00
FOR CDOT ENCUMBRANCE PURPOSES
*Note-$0.00 is currently available.Funds will be
added In the future either by Option Letter or
Amendment. $0.00
Less ROW Acquisition 3111 andlor ROW
Relocation 3109 $0.00
Net to.be encumbered as follows: $0.00
WBS Element-18325.10,301 Design 3020 $0.00
WBS 1=iement 18325.20.1 Const 3301 $0.0
B. Matching Funds
The ratio for the estimated project cost is 80%State funds to 20% Local Agency funds, it being
understood that such ratio applies only to the $1,025,538.00 that is eligible for State
participation, it being further understood that all cost in excess of$1,025,538.00, are borne by
the Local Agency at 100%. If the total participating cost of performance of the Worts exceeds
$1,025,538.00, and additional State funds are made available for the Work, the Local Agency
shall pay 20% of all such additional costs and 100°% of all excess costs; if additional State funds
are not made available, the Local Agency shall pay all such excess costs. if the total
participating cost of performance of the Work is less than$1,025,538.00,then the amounts of
Local Agency and State funds will be decreased in accordance with the funding ratio described .
herein.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $820,430.00
(For CDOT accounting purposes,the State funds of$820,430.00 shall be encumbered.)**Note
-$0.00 is currently available. Funds will be added in the future either by Option Letter or
Amendment, unless such amount is increased by an appropriate written modification to this
Agreement executed before any increased cost is incurred. It is understood and agreed by the
parties hereto that the total cost of the Work and Project stated hereinbefore is the best estimate
I available, based on the design data as approved at:the time of execution of this Agreement, and
that such cost is subject to revisions (in accord with the procedure in the previous sentence)
agreeable to the parties prior to bid and award.
Page 2 of 2
• SAMPLE IGA OPTION LETTER Exhibit D
NOTE This option 1s limited to the spec contract scenarios listed below AND cannot be used in place
of exercising a format amendment.
Date: State Fiscal Year: Option Letter No. CL1N Routing#
Contractor I Local Agency:
A. SUBJECT. (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew(for an additional term) applies to Highway and Signal maintenance
contracts ONLY; this renewal
cannot be used to make any change to the original scope of work;
2. Level of service change within current term due to an unexpected Local overmatch on an overbid
situation ONLY;
3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous ONLY(does not apply to Acquisit(on/Relocation or Railroads);
4. Option to update funding(a new Section 4. Project Funding Provisions must be referenced with the
option letter and shall be labeled Revision 1 to Section 4. Project Funding Provisions(future changes .
for this option shall be labeled as follows:Revision 2,etc.)
B. REQUIRED PROVISIONS.Ail Option Letters shall contain the appropriate provisions set
forth below:
(Insert the followina language for use with Options#11•
In accordance with Paragraph(s) of contract routing number(insert FY.Agency code &CLiN
routing#), between the State of Colorado, Department of Transportation,and(insert contractor's name)the
state hereby exercises the option for an additional term of(insert performance periodhere)at a cost/price
specified in Paragraph/Section/Provision of the original contract,AND/OR an increase in
the amount of goods/services at the same rate(s)as specified(n paragraph of the
original contract.
(Insert the following language for use with Option 92)•
In accordance with the terms of the original contract (insert F).Agency code&CLIN routing#)between the
State of Colorado, Department of Transportation and (insert contractor's name here), the State hereby
exercises the option to record a level of service change due to unexpected overmatch dollars due to an
overbid situation. The contract is now increased by (Indicates additional dollars here) specified in
Paragraph/Section/Provision of the original contract.
(Insert the following language for use with Option#3)•
In accordance with the terms of the original contract(insert FY Agency code&CLiN nesting#)between the
State of Colorado, Department of Transportation and (insert contractor's name here), the State hereby
exercises the option to add an overlapping phase In rndicate Fiscal Year here) that will include describe
which phase will be added and include all that apply—Design Construction Erryfronmental lltilitles ROW
incidentals or Miscellaneous). Total funds for this contract remain the same indicate total dollars here as
referenced in ParagraphlSection/Provision/Exhibit of the original contract.
(insert the following tanguage for use with Option#4)•
In accordance with the terms of the original.contract (insert FY.Agency code & CLIN routing#) .
between the State of Colorado, Department of Transportation and(insert contractor's
name here),the State hereby exercises the option to update funding based on changes
from state,federal, local match and/or local agency overmatch funds. The contract is
now(select one: Increased and/or decreased)by(insert dollars here)specified in
Paragraph/-Section/-ProvWorVExhibit of the original contract. A new
Section 4. Project Funding Provisions is made part of the original contract and replaces
the original Section 4.Project Funding Provisions.
Exhibit D—Page 1 of 1
Exhibit D
(The following fanguace must be Included on all options)•
The amount of the current Fiscal Year contract value is(increased/decreased)by($amount of change)to a
new contract-value of($ )to satisfy services/goods ordered under the contract for the current
fiscal year(indicate Fiscal YeaA.The first sentence in Paragraph/Section/Provision is hereby
modified accordingly.
The total contract value to include all previous amendments, option letters, etc,is($ ),
The effective date of this Option Letter Is upon approval of the State Controller or delegate,whichever is
later.
APPROVALS:
For the Contractor f Local Anency
Legal Name of Contractor/L:ocal Agency
By.
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
John W. Hickenlooper, Governor
By Date:
Executive Director,Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.-This Contract Is not =
valid until signed and dated below by the State Controller or delegate.Contractor Is not authorized
to begin performance until such time.If Contractor begins performing prior thereto,the State of
Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
State Controller
David J.McDermott, CPA
By:
Date:
Issuance date:Controller Signature
Exhibit D—Page 2 of 1
Exhibit E
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation(CDOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement,pursuant to 49 CFR Part 23.
Consequently, the 49 CFR Part IE DBE requirements the'Colorado Department of Transportation
DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this
agreement.
SECTION 2. DBE ObEization.
The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined
by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum
opportunity to participate in the performance of contracts and subcontracts financed in whole or in
part with Federal funds provided under this agreement. In this regard,all participants or contractors
shall take all necessary and reasonable steps in accordance with the CDOT DBE program(or a Local .
Agency DBE Program approved in advance by the State) to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. Recipients and
their contractors shall not discriminate on the basis of race,color,national origin,or sex in the award
and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the contractor upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue,Room 287
Denver, Colorado 80222-3400
Phone: (303) 757-9234
revised 1/22/98 Required by 49 CFR Part 23.41
Exhibit E—Page 1 of 1
Exhibit F
LOCAL AGENCY
CONTRACT ADiVIINISTRATION
CHECKLIST
(If Applicable)
CDOT Form 1243
S
Exhibit F-Page 1 of 1
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
STL M455-103 SR47005.0 1832504
Project Location Date
South Transit Center Park&Ride in the City,of-FL Collins 6121/11
Project Description
South Transit Center Park&Ride
Local Agency Local Agency Project Manager
City of Fort Collins Kurt Ravenschlag
CDOT Resident Engineer CDOT Project Manager-
Pete Graham Tim Tuttle
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 W 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 W will denote that CDOT must
concur or approve.
Tasks that Hall 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
COOT Resident Engineer,In cooperation with the Local Agency Pro ect Manager,will DroDare and distribute a revised checklist
NO. DESCRIPTION OF TASK RESPONSIBLE
PARTY
TiP/STIP AND LONG-RANGE PLANS
LA COOT
2-i Review to ensure consist with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by phases(CDOT Fond 418-Federal-aid Program Data.Requires FHWA
concurenceRnvolvement res X
PROJECT DEVELOPMENT
5-1 Prepare Design Data-CDOT Form 463 X X
5-2 Prepare Local Age n /COOT Inter-Govemmental Agree ant see also ter 3 X
5-3 Conduct Consultant Selection/E xecute Consultant Acireement X #
5-4 Conduct Design Scoping Review meetingX
5-5 Conduct Public involvement X
5.6 Conduct Field Inspection Review(FIR) X X
5-7 Conduct Environmental Processes mar ulrs FHWA concurencelinvolvement X X
5-8 re Right-of-Way may utre FHWA concurrerx e/Imolvement X #
5-9 Obtain Utilityand Railroad reements X
5-10 Conduct Final Office Review FOR X X
541 JustifyForce Account Work b the Local ene X #
5-12 Justify Proprietary,Sole Source or Local Anency Fumished Items X #
5-13 Document Design Excapflons-COOT Form 464 X #
5 14 are Plans,S nations and Constnrction Cost Estimates X #
5 15 Ensure Authorization of Funds for Construction X
Previous editions are obsolete and may not be usedDOTForm 1443 0g/08 page 1 of 4
NO. DESCRIPTION OF TASK RESPONSIBLEPARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X
Construction Contracts CDOT Re on EEO/Chril Rights Specialist)
6-2 Determine Applicability of Davis-Bacon Act
This project is exempt from Davis-Bacon requirements as determined by the functional X
classification of the project location(Projects located on local roads and rural minor
collectors may be exempt)
Pete Graham 6121/11
COOT Resident E inee S' ture on File Date
6 3 Set On-the-Jab Training Goals.Goal is zero if total construction is less than$1 million(CDOT X
Region EEO/CM Mcifits Specialist)
6 4 Title VI Assurances X
Ensure the correct Federal Wage Decision,all required Disadvantaged Business
Enterprise/On-Ihe-Job Training special provisions and FHWA Forth 1273 are included in the X
Contract CDOT Resident Engineer
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'Advedisement Set"of Plans and S cifications X
7-4 Review Worksite and Plan Details with Prospective Bidders While Project is Under X
Advertisement
7-5 Open Bids X
7-6 Process Bids for Compliance
Check CDOT Form 716-Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE is 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 X
DBE goals
Submit required documentation for CDOT award concurrence X
17-10ProvIde
Concurrence from CDOT to Award X
rove Rejection of Low Bidder X
Award Contract X _
1.
Award and'Record'Sets of Plans and S eafications_
CONSTRUCTION l4PiANAGEMENT - J
8-1 Issue Notice to Proceed to the Contractor X
8-2 Project Safety
X ' #
8-3 Conduct Conferer=s:
Pre-construction Conference x 8 X
Presurvey
• Construction staking X
• Monumentation X
Partnering(Optionall(Optional X
Structural Concrete Pre-Pour(Agenda is In CDOT Construction Man X
Concrete Pavement Pre-Pavia (Agenda Is In CDOT Condnzilan ManuaO X
HMA Pre-Pavingerxia k in CDOTConshvdlorr Manu X
8-4 Developand distribute Public Notice of Planned Construction to media and local residents X
8-5 Supervise Construction
A Professional Engineer(PE)registered in Colorado,.who wll be"in responsible charge of
construction supervision.'
Kurt Ravenschlaa 970-221-6386 X
Local Agency Professional Engineer Phone number
CDOT Form 1243 09/06 Page 2 of 4
Previous editions are obsolete and may not be used
NO. DESCRIPTION OF TASK RESPONSIBLE
PARTY
CDOT
Provide competent,experienced staff who will ensure the Contract work is constructed In LA
accordance with theplans and specffications X
Construction Inspection and documentation X
8-S Approve Shoo Drawl s X
8-7 Perform Traffic Control In ors X X
8-8 Perform Construction Surveying X
8-9 Monument R ht-of-Wa 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.
_ Kurt Ravenschlaa 970-221-6386
Local Aqencv Reoresentative Phone number
8-11 Prepare and Approve Interim and Final UtllityiRallroad Billings X
8-12 Prepare Local en Reimbursement Reauests 8-13 X
P are and Authorize Chan a Orders X
8-14 rove All a Orders X
B-15 Monitor Project Financial Status X
8-16 Prepare and Submit Monthlyless Reports X 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 Preconstruction MeetnqX
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 Es com eted X
9-3 Perform Project Acceptance Samples and Tests X
94 Perform Laboratory Verification Tests X
9-5 Accept Manufactured Products •X
Inspection of structural components.-
* Fabrication of structural steel and pre-stressed concrete structural components X
• Bridge modular expansion devices(('to 6'or greater) X
• Fabrication of bearinq devices X
9-6 Approve.Sources of Materials X
9-7 Independent Assurance Testing(AT).Local Agency Procedures CDOT Procedures X
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct[AT X
9-8 Approve Mix Designs
• Concrete X
• Hot Mlx As haft X
9-9 1 Check Final Materials Documentation X
9-10 1 Complete and Distribute Final Materials Documentation I X
CDOT Form 1243 09106 Page 3 of 4
Previous editions are obsolete and may not be used
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill P ect 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 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
T-ommercially Useful Function'requirements
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees.Complete CDOT Form 200- X
OJT Train' Questionnalre
10-6 Check Certified Pa gs 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 X
Acceptance Report(Resident Engineer with mandatory Local Agency participation.)
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 Check Material Documentation and Accept Final Material Certification See Chapter 9 X
11-8 Obtain CDOT Form 17-Contractor DBE Payment Certification from the Contactor and X
submit to the Resident Engineer
11-9 Obtain FHWA Form 47-Statement of Materials and Labor Used ... from the Contractor NA
11-10 Process Final Payment X
11-11 I Complete and Submit CDOT Form 950-Pro ect Closure X
11-12 Retain Project Records for Six Years from Date of Project Closure X X
11-13 Retain Final Version of Local A Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
COOT Region EEO/CMI Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
CDOT Form 1243 09106 Page 4 of 4
Previous editions are obsolete and may notbe used
Exhibit G
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO MPPLEMENT FEDERAL-AID
PROJECT AGREMNIENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally fiutded local agency project agreement
administered by CDOT that involves professional consultant services. 23 CFR 172.1 states`Thepolicies and procedures
involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23
U.S.C.112(a)and are issued to ensure that a qualified consultant is obtained through an equitable selection process,that
prescribed work is properly accomplished in a timely manner,and at fair and reasonable cost"and according to 23 CFR
1725"Price shall not be used as a factor in the analysis and selection phase."Therefore,local agencies must comply with
these CFR requirements when obtaining professional consultant services under a federally funded consultant contract
administered by CDOT.
CDOT has formulated its procedures in Procedural Directive(P.D.)400.1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations,i.e.,23 CFR 172 and Colorado Revised Statute(CJLS.)24-30-1401 et seq. Copies ofthe directive
and the guidebook may be obtained upon request from CDOTs Agreements and Consultant Mwagement Unit. [Local
agencies should have their own written procedures on file for each method of procurement that addresses the items in 23
CFR I72].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining
professional consultant services.This guidance follows the format of 23 CFR 172. The steps are:
1. The contracting local agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services,the contracting local agency shall develop a detailed scope of work
and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S.
24-30-1403. Also,a detailed cost estimate should be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S.24-30-1405.
The public notice period,when such notice is required,is a minimum of 15 days prior to the selection of the three
most qualified firms and the advertising should be done in one or more daily newspapers of general circulation.
4. The request for consultant services should include the scope of work,the evaluation factors and their relative
importance,the method of payment,and the goal of ten percent(101%)for Disadvantaged Business Enterprise
(DBE)participation as a minimum for the project.
5. The analysis and selection of the consultants should be done in accordance with C.R.S.24-30-1403. This section
of the regulation identifies the criteria to be used in the evaluation of CDOT pr&qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the project,
c. Ability to furnish professional services.
d. Anticipated design concepts,and
e. Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
Exhibit G—Page 1 of 2
i
c. Willingness to meet the time and budget requirement, Exhibit G
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts,and
g. Involvement of minority consultants.
6. Once a consultant is selected,the local agency enters into negotiations with the consultant to obtain a fair and
reasonable price for the anticipated work Pre-negotiation audits are prepared for contracts expected to be greater
than$50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48
CFR 31. Fixed fees(profit)are determined with consideration given to size,complexity,duration,and degree of
risk involved in the work. Profit is in the range of six(6)to fifteen(15)percent of the total direct and indirect
costs.
7. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being
pursued is complete,accurate,and consistent with the terms,conditions,and specifications ofthe contract. At the
end of project,the local agency prepares a performance evaluation(a CDOT form is available)on the consultant.
8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42,which
provide for records to be kept at least three-(3) years from the date that the local agency submits its final
expenditure report Records of projects under litigation shall be kept at least three(3)years after the case has
been settled.
The C.R.S.24-30-1401 through24-30-1408,23 CFRPart 172,and P.D.400.1,provide additional details for complying
with the eight(8)steps just discussed.
Exhibit 0—Page 2 of 2