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HomeMy WebLinkAbout2015-096-11/03/2015-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPART RESOLUTION 2015-096 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE MULBERRY STREET BRIDGE ACROSS THE POUDRE RIVER WHEREAS, in the fall of 2014, the Colorado Department of Transportation ("CDOT") began the construction of the bridge, roadway, and urban design improvements crossing the Poudre River (collectively the "Project") and located on Mulberry Street, also known as State Highway 14, between Riverside Avenue and Lemay Avenue; and WHEREAS, prior to the commencement of construction by CDOT, the City and CDOT agreed to certain urban design, landscaping, and pedestrian facility enhancements (collectively the "Enhancements") to the Project to be paid for by the City; and WHEREAS, the Project is nearing completion; and WHEREAS, to memorialize the agreed upon terms and formalize the reimbursement of CDOT by the City for the costs of the Enhancements, an Intergovernmental Agreement ("IGA") between the City and CDOT is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the total construction cost of the bridge is approximately $9.6 million dollars; and WHEREAS, pursuant to the IGA, the City will be required to reimburse CDOT in an amount not to exceed $1,110,000.00 for the Enhancements to the Project; and WHEREAS, reimbursement will be made from the following City funding sources: Mulberry Bridge Urban Design Improvements $647,000.00 General Transportation Funds $ 75,000.00 Street Frontage Obligation—Fort Collins Treatment Facility $318,000.00 Street Oversizing Funds $ 70,000.00; and WHEREAS, appropriations for the above amounts from the respective funds were made by the City Council prior to the commencement of CDOT construction activities related to the Project; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides" that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Enhancements to the Project be constructed and CDOT be properly reimbursed and that the Mayor be authorized to execute the IGA between the City and CDOT in support thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby authorizes the Mayor to execute the IGA between the City and CDOT, substantially in the form attached hereto as Exhibit "A," together will such modifications and additions as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Resolution, as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of November, A.D. 2015. o�FOR...01 SEAL : Mayor ATTEST: �oioRP°° City Clerk EXHIBIT A (Local $CDOTWRK Rev 10/03 PROJECT SH 14 Poudre River, 18085 15-HA4-XC-00136 REGION 4/RH SAP PO# 331001397 CONTRACT THIS CONTRACT made by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation,hereinafter referred to as the "State" and City of Fort Collins, PO Box 580, Fort Collins, Colorado, 80522, CDOT Vendor #2000023 hereinafter referred to as the "Contractor" or the "Local Agency", the State and the Local Agency together shall be referred to as the"Parties." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400,Function 3200 GL Acct 4312700290 WBS Element or Cost Center 18085.20.10(Contract Encumbrance Amount: $6.00). 2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-102 and 43-2-103 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. Local Agency anticipates a project for SH 14 Bridge over Poudre River between Riverside and Lemay Avenue in Fort Collins and by the date of execution of this contract,the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the project work. 5. The Local Agency has made funds available for project SH-14 Poudre River Bridge(18085),which shall consist of SH 14 Bridge over Poudre River between Riverside and Lemay Avenue in Fort Collins, referred to as the "Project" or the "Work." Such Work will be performed in Fort Collins, Colorado, specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% of the funding for the enhancement portion of the Work. 7. The Local Agency has estimated the total cost of the Work and is prepared to provide the funding required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the`authorized representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. Page 1 of 11 8. This contract is executed under the authority of H 29-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) .and 43-2-144, C.R.S. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of SH 14 Bridge over Poudre River between Riverside and Lemay Avenue in Fort Collins,in Fort Collins,Colorado,as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the Chief Engineer or designee, or on the date made,whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Section 4. Project Funding Provisions. ` A. The Local Agency has estimated the total cost of the work and is prepared to provide the funding for the work,as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost of the Work to be $1,110,000.00, which is to be funded as follows: a. Local Agency Funds $1,110,000.00 b. State Funds $0.0 Total Funds: $1,110,000.00 Page 2 of 11 C. The maximum amount payable by the Local Agency under this contract shall be $1,110,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from local sources,as applicable. Should these sources fail to provide necessary funds as agreed upon herein,the contract may be terminated by either party,provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The State shall submit invoices to the City as a lump sum cost. Invoices shall be in proportion to the work completed. The $1,110,000 is a not to exceed value. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner,until the billing is paid in full. The interest m shall accrue for the period fro the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies,procedures and standardized billing format. Section 6. State and Local Agency Commitments i The Local Agency Contract Administration Checklist in Exhibit C describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Page 3 of 11 Local Agency Contract Administration Checklist in Exhibit C. A. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing;approving sources of materials;performing required plant and shop inspections;documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions;processing contractor claims;construction supervision;and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. If the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aid project,the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award,the Local Agency,acting by or through its duly authorized representatives; agrees to provide additional funds, subject to their availability and appropriation for i that purpose,if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. Page 4 of 11 S C. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force . account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. Utilities If necessary,the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company,which may become involved in this Project. Prior to this Project being advertised for bids,the Responsible Party will certify in writing that all such clearances have been obtained. Section 8. Railroads In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 9. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and.state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. = P 1 Page 5 of 11 Section 10. Maintenance Obligations The Local Agency maintenance responsibilities include maintenance of urban design features and landscaping items further including the following: . - Decorative bridge columns - Decorative pedestrian railings - Aesthetic treatments to bridge foundations - Precast panel walls - Structural concrete stain on bridge, medians, and precast panel walls - Electrical components associated with bridge lighting - Drystack masonry wall - Bridge median irrigation components - Median subsurface drainage system In the event that the improvements to be maintained by the Local Agency are not maintained in an appropriate manner, CDOT reserves the right to notify the Local Agency, and if such maintenance remains deficient for a period of thirty(30) days after such written notice, CDOT shall perform maintenance deemed necessary and the Local Agency will reimburse CDOT for the cost of such maintenance action. See Exhibit A for graphic depiction of landscape areas and enhanced aesthetic areas with designation of responsibility. Section 11. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The State shall maintain such records for a period of three (3)years after the date of termination of this contract or final payment hereunder,whichever is later,or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 12. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof,at least twenty(20)days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely Page 6 of 11 and proper manner,its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten(10)days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies,surveys,drawings,maps,models,photographs and reports or other material prepared by the Local Agency under this contract shall,at the option of the State,become its property,and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency,and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined,for any reason,that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority,and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director,Region 4, 1420 E. 2"d Street, Greeley, CO 80631 Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a"Notice to Proceed"to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 4 and the Local Agency. All communication,notices,and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: If to the Local Agency: Richard Christy Kyle Lambrecht Region 4 City of Fort Collins 2207 E. Highway 402 PO BOX 580 Loveland, CO 80537 Fort Collins, Colorado Page 7 of 11 970-622-1200 Section 16. Successors Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity,other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary,no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,rights,benefits,protection,or other provisions of the Colorado Governmental.Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq.,.C.R.S., as now or hereafter amended and the risk I anagement statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. . Section 19. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract,the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term,provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, Page 8 of 11 addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms / Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law,or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above,no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 9 of 11 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Local Agency: STATE OF COLORADO: JOHN W. HICKENLOOPER GOVERNOR By City of Fort Collins Joshua Laipply, P.E., Chief Engineer For Shailen Bhatt, Executive Director Department of Transportation CDOT Vendor Number:2000023 Signature of Authorized Officer Print Name & Title of Authorized Officer J CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) By (Corporate Secretary or Equivalent, or Town/City/County Clerk) S Page 10 of l 1 Exhibit A SCOPE OF WORK The Colorado Department of Transportation is replacing a structurally deficient bridge on State Highway 14 (Mulberry Street) over the Poudre River in Fort Collins as part of the Colorado Bridge Enterprise (CBE). The existing bridge, originally built in 1949, will be replaced with a wider bridge to meet current standards, accommodate bicycle lanes and provide sidewalks for pedestrians. The project began construction in September of 2014 and has a scheduled completion date expected in late 2015. The total cost of the construction phase is approximately $9.6 million with funds in part coming from the Colorado Bridge Enterprise (CBE). In partnership with CDOT, the City of Fort Collins has committed funding for the project in order to make contributions for urban design, landscaping and pedestrian facility enhancements. CDOT and the City of Fort Collins have determined that the total costs of the City's contributions to the project will be an amount not to exceed $1,110,000.00 unless such amount is increase by an appropriate written modification to the contract. 04 of Fog Calms- --- Maintensnm ResporuwaYm / +, i 1 Flocalo POMI11hYe e Wall Badge Me n Deaorelrve&Itlge Detaralrva eaeYrlan Yeah se Irri lion S Y`m \, Columns It p.l RailingIIYP'1 `> ' f } 3 MUIeC.hRV SIIiFF i ,.I... I� ISn tq r , i I ( I I r I � Drosbps S'YYem IIYP1 �_-- ,, EkttaralCanponenn sea6atad with Silage Aesthetic Tar owns to fltf PLAN t' Mnq Bhd FouMaOonspy i SCALE 1'..1pC al Corcrate Sinrctur SIYn on &bet. T ) PnIQtl Parcl Waoltf(Typ - NOrth era+o.e.Yatq ,�Shaal� elons ex Colorado Department of Traneportotlon Ae Conetrucled lA g E PPLLANM RIVER Project Na/Code n +..bial +.n.ser ry a O rm�c n. .m re ar+� rw o+n.o�s —_ BMW eROw r�emv I ores- es s.�A. en-+mrraa IbJ•a �— ®=T.`. �O Raglan 4 SCE I`� se.c cele..r rcva rr.l a rar wa ear Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST FORM 1243 1 Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region FBR 0142-055 SR46598/SST8000 /SST8103 18085 4 Project Location Date SH 14 Bridge Over Poudre River Between Riverside and Lemay Avenue in Fort Collins 6/15/2015 Project Description SH 14 Poudre Bridge in Ft. Collins Local Agency Local Agency Project Manager City of Fort Collins Kyle Lambrecht CDOT Resident Engineer CDOT Project Manager Scott Ellis Richard Christy INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an"X" under the responsible party, opposite each of the tasks.The"X"denotes the party responsible for initiating and executing the task. Only one responsible party should be selected.When neither CDOT nor the Local Agency is responsible for a task, not applicable(NA)shall be noted. In addition, a"#"will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated.The Regions, in accordance with established policies and procedures,will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change,the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP/ STIP AND LONG-RANGE PLANS 2.1 1 Review Project to ensure it is consistent with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases(CDOT Form 418-Federal-aid Program Data. Requires FHWA X concurrencefinvolvement PROJECT DEVELOPMENT 5.1 Prepare Design Data-CDOT Form 463 X 5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement see also Chapter 3 X 5.3 Conduct Consultant Selection/Execute Consultant Agreement X 5.4 Conduct Design Scoping Review Meeting X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review FIR X 5.7 Conduct Environmental Processes(may require FHWA concurrence/involvement) X 5.8 Acquire Right-of-Way ma require FHWA concurrence/involvement X 5.9 Obtain Utility and Railroad Agreements X 5.10 Conduct Final Office Review FOR X 5.11 Justify Force Account Work by the Local Agency NIA 5.12 Justify Proprietary, Sole Source, or Local Agency Furnished Items X 5.13 Document Design Exceptions-CDOT Form 464 X 5.14 Prepare Plans, Specifications and Construction Cost Estimates X 5.15 Ensure Authorization of Funds for Construction X CDOT Form 1243 01/13 Page 1 of 4 Previous editions are obsolete and may not be used RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT vharvell@hsd2.org PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE) Goals for Consultant and X Construction Contracts(CDOT Region EEO/Civil Rights Specialist) 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.) Scoff Ellis 6/15/2015 CDOT Resident Engineer(Signature on File Date 6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than$1 million (CDOT X Region EEO/Civil Rights Specialist) 6.4 Title VI Assurances X Ensure the correct Federal Wage Decision,all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the 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"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 Open Bids X 7.6 Process Bids for Compliance X Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet 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 Safety X 8.3 Conduct Conferences: Pre-Construction Conference(Appendix e) X Pre-survey • Construction staking X Monumentation X Partnering (Optional) X Structural Concrete Pre-Pouf(Agenda is in CDOT Construction Manual X Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual X HMA Pre-Paving (Agenda is in CDOT Construction Manual X 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Supervise Construction A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of construction supervision." Scott Ellis 970-622-1267 Local Agency Professional Engineer or Phone number X CDOT Resident Engineer . CDOT Form 1243 01/13 Page 2 of 4 Previous editions are obsolete and may not be used RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans andspecifications 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. Richard Christy 970-622-1280 CDOT Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local Agency Reimbursement Requests N/A 8.13 Prepare and Authorize Change Orders X 8A4 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 Scott Ellis 970-622-1267 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 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 (0"to 6"or greater) X • Fabrication of bearing devices X 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing (IAT), Local Agency Procedures ❑ CDOT Procedures • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X 9.8 Approve mix designs • Concrete X • Hot mix asphalt X 9.9 Check Final Materials Documentation X 9.10 Complete and Distribute Final Materials Documentation X CDOT Form 1243 01/13 Page 3 of 4 Previous editions are obsolete and may not be used CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X 10.2 Process CDOT Form 205-Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to 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 I il 0.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200- X OJT Trainin Questionnaire 0.6aCheck Certified Pa rolls (Contact the Re ion EEO/Civil Rights Specialists for training requirements.) X 0.7 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 from the Contractor and Submit to the Resident Engineer X 11.9 Obtain FHWA Form 47-Statement of Materials and Labor Used ... from the Contractor X 11.10 Complete and Submit CDOT Form 1212—Final Acceptance Report(by CDOT X 11.11 Process Final Payment X 11.12 Complete and Submit CDOT Form 950- Project Closure X 11.13 Retain Project Records for Six Years from Date of Project Closure X 11.14 Retain Final Version of Local Agency Contract Administration Checklist X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager CDOT Form 1243 01/13 Page 4 of 4 Previous editions are obsolete and may not be used