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HomeMy WebLinkAbout2009-010-02/03/2009-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINDSOR AND THE COLORADO DEPARTMENT OF TRA RESOLUTION 2009-010 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINDSOR AND THE COLORADO DEPARTMENT OF TRANSPORTATION CONCERNING THE DESIGN OF THE INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE WHEREAS,the Interstate 25/State Highway 392 Interchange("Interchange"),located at Exit 262,borders the western limits of the Town of Windsor("Town")and the southeastern limits of the City of Fort Collins ("City"); and WHEREAS, the Interchange is an integral part of the regional transportation network and the safety and efficiency of the Interchange has been significantly impacted by state, regional and local growth; and WHEREAS, the Town and the City are parties to an intergovernmental agreement in which the parties have pledged to cooperate to explore and implement solutions to existing traffic issues related to the Interchange; and WHEREAS, the Town and the City have worked with the Colorado Department of Transportation("CDOT") in accordance with CDOT's 1601 Interchange Approval Process("1601 Process") and have also conducted a series of joint meetings for the purpose of reviewing and directing the preparation of a Systems Level Study as part of the 1601 Process; and WHEREAS, the City Council adopted Resolution 2009-003 accepting the Systems Level Study and authorizing the City Manager to present it to the Colorado Transportation Commission (the"Commission")and directed the City Manager to continue to work cooperatively with the Town and CDOT to move forward with the plans for the final design and construction of the Interchange; and WHEREAS, the Commission approved the Systems Level Study on January 21, 2009 allowing the City, Town and CDOT to move into the final design phase; and WHEREAS, concurrently with its consideration of this Resolution, City Council will consider an ordinance appropriating$1,768,523 in funds that CDOT has made available to the City and the Town to fund the final design of the Interchange improvements with no matching funds required; and WHEREAS, the City, Town and CDOT have negotiated a proposed intergovernmental agreement identifying the scope of work for the design and designating how the design contract will be managed(the"Design IGA"),a copy of which is attached hereto as Exhibit"A"and incorporated herein by this reference; and WHEREAS,the City Council believes that it is in the best interests of the City to enter into the Design IGA; and WHEREAS, the execution of the Design IGA will not obligate the City to fund the construction of the Interchange Improvements but will allow for final design of the Interchange and expedite the possible construction of the Interchange,assuming that the City,the Town and CDOT can reach agreement as to how to fund the Improvements. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the Design IGA, as described herein, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Co ci of the City of Fort Collins this 3rd day of February A.D. 2009. May AT TEST:- City Clerk • ` l EXHIBIT A (FMLAWRK) PROJECT IM 392A-012 (16639) 09 HA4 XXXXX Region 4/(BH) SAP IDMXXXXXXXXX SH 392 & 1-25 Interchange Reconstruction IGA #2—Final Design CONTRACT THIS CONTRACT made this_day of 20� by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and the CITY OF FORT COLLINS, 281 North College Avenue, Fort Collins, Colorado 80521, CDOT Vendor #:2000023 , and the TOWN OF WINDSOR, 301 Walnut Street, Windsor, Colorado, 80550 CDOT Vendor# 2000340 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 3020 , GL Acct. 4231200011, WBS Element 16639.10.30 (Contract Encumbrance Amount: $1,768,523.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to the terms of CDOT'S Policy Directive #1601.0, hereinafter referred to as the "Policy Directive," the Local Agency may apply for permission to, and may be permitted to enter into, an Intergovernmental Agreement, hereinafter referred to as the "IGA(s)" or "Contract(s)" with CDOT to delineate the phases of a new interchange on a major state highway.. 4. -For the purposes of this CONTRACT, the Local Agency project shall be described as the I- 25/SH 392 Interchange, hereinafter the "Interchange", as shown in Exhibit A. 5. The Local Agency will be preparing final design, studies, and other documents in anticipation of interchange improvements at I-25 and SH 392. The interchange project will be subject to the procedures outlined in CDOT's Procedural Directive 1601. 6. Pursuant to the Policy Directive, the Parties have made the Interchange part of both the Transportation Planning Region's approved constrained Regional Transportation Plan and the approved Statewide Transportation Plan(STIP) # [SSP40287]. 7. By its Resolution,Number [TC 1687 ], the Transportation Commission of Colorado, hereinafter referred to as the "Commission," accepted, as meeting the standards set forth in the 1 Policy Directive and the Local Agency's Interchange System and Project Level Feasibility Study. 8. The Local Agency has completed the Environmental studies and System Level Feasibility Study and other documents in anticipation of construction of the Interchange. The Interchange will be subject to the procedures outlined in CDOT's Procedural Directive 1601. 9. Pursuant to the Policy Directive, the Parties have made the Interchange part of both the Transportation Planning Region's approved constrained Regional Transportation Plan and the approved Statewide Transportation Plan (SSP40287). 10. By its Resolution, Number [TC 1687], the Transportation Commission of Colorado, hereinafter referred to as the "Commission," accepted, as meeting the standards set forth in the Policy Directive, the Local Agency's Interchange System and Project Level Feasibility Study and the Local Agency's Interchange Management Plan regarding the Interchange. 11. Federal-aid funds have been made available for project IM 392A-012 (16639) which shall consist of the final design of the interchange and frontage road improvements at I-25/SH 392, referred to as the "Project" or the "Work." Such Work will be performed in Windsor, Colorado, specifically described in Exhibit A. 12. The matching ratio for this federal aid project is 100% federal-aid and state funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non-participating costs shall be borne by the Local Agency at 100%. 13. The Local Agency desires to comply with the Federal Provisions and other applicable requirements, including the State's general administration and supervision of the Project through this contract, in order to obtain federal funds. 14. The Local Agency's authorized representatives have duly passed and adopted the appropriate resolution (Exhibit B, attached, and, by this reference, incorporated herein). 15. This contract is executed under the authority of§§ 43-2-104.5, 29-1-203, 43-1-105, 43-2- 102 (or 103), 43-1-116, 43-2-103, and 43-2-144, C.R.S., as amended, CDOT'S Policy Directive #1601.0, as revised, the resolution of the City of Fort Collins and Town of Windsor. 16. 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 2 The Project or the Work under this contract shall consist of the final design of the interchange and frontage road improvements at I-25/SH 392 in Windsor, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 23 of this contract 2. This contract 3. Exhibit A(Scope of Work) 4. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Section 4. Project Funding Provisions The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter, which expressly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall provide its share of the funds for the Project as outlined in Exhibit C. Section 5. Project Payment Provisions The maximum amount payable to the Local Agency under this contract shall be $1,768,523.00. A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 3 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may .be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. C. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. 4 The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. Section 7. Environmental Obligations The Local Agency shall prepare its final design, studies and other documents 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 8. 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 six (6) 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 state and the Local Agency to inspect the project and to inspect, review and audit the project records. Section 9. 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 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. 5 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 10. 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 11. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 1420 2nd Street, Greeley, Colorado 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 State: If to Fort Collins: If to Windsor: Pete Graham Rick Richter Kelly Arnold CDOT Region 4 Program Manager Town Manager 1420 2nd Street City of Fort Collins Town of Windsor Greeley, Colorado 80631 281 North College Avenue 301 Walnut Street (970) 350-2126 Fort Collins, Colorado 80521 Windsor, CO 80550 (970) 221-6798 (970) 686-7476 Section 12. 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 13. 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 6 receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 14. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 15. 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. yu Section 16. 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 17. 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 18. 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 19. Modification and Amendment 7 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 20. 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 Parties 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. Section 21. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit D 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 provided) 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 22. Single Audit Act Amendment All state and local government and non-profit organization Sub-Grantees receiving more than 8 $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as follows: a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. c) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. d) Single Audit can only be conducted by an independent CPA, not by an auditor on staff. e) An audit is an allowable direct or indirect cost. 9 Section 23. Special Provisions The Special Provisions apply to all contracts except where noted in italics. L CONTROLLER'S APPROVAL.CBS§24-30-202(I).This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY.CBS§24-30-202(5.5).Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATION.Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages, liability and court awards including costs,expenses,and attorney fees and related costs,incurred as.a result of any act or omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. /Applicable Only to Intergovernmental Contracts/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,CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended. 4. INDEPENDENT CONTRACTOR.4 CCR 801-2.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 or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage.Contractor shall have no authorization,express or implied,to bind the state to any agreement,liability or understanding,except as expressly set forth herein.Contractor shall provide and keep in force workers'compensation(and provide proof of such insurance when requested by the state)and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION.Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW.The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution, and enforcement of this contract.Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports,to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract,Contractor shall strictly adhere to all applicable federal and State laws,rules,and regulations that have been or may hereafter be established. 7. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.]Not Applicable to Intergovernmental Agreements]The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for:(a)unpaid child support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§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 certified by the State Controller as owing to the State as a result of final agency determination or judicial action. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.No State or other public funds payable under this contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this contract,including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST.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 or property described in this contract. 10. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale ofsecurides, investment advisory services or fund management services,sponsored projects,intergovernmental agreements, or information technology services or products and services]Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform 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§8-17.5-102(5)(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 if Contractor 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 CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency,institution of higher education or political subdivision a written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and comply with all of the other requirements of the Department program.If Contractor fails to comply with any requirement of this provision or CRS§8-17.5-101 et seq.,the contracting State agency, . institution of higher education or political subdivision may terminate this contract for breach and,if so terminated,Contractor shall be liable for damages. 11. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)shall comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to the effective date of this contract. Revised May 13,2008 10 z% 52� THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: City of Fort Collins BILL RITTER,JR.GOVERNOR Legal Name of Contracting Entity 2000023 By CDOT Vendor Number Executive Director Department of Transportation Signature of Authorized Officer LEGAL REVIEW: JOHN W. SLITHERS ATTORNEY GENERAL Print Name&Title of Authorized Officer CORPORATIONS: By Print Name&Title of Authorized,Officer (A corporate attestation is required.) Approved As To Form: Assistant City Attorney Attest(Seal)By (Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available) Town of Windsor Legal Name of Contracting Entity 2000340 CDOT Vendor Number Signature of Authorized Officer Print Name&Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Approved As To Form: Town Attorney Attest(Seal)By (Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J. MCDERMOTT, CPA By Date Exhibit A—Scope of Work Scone of Services Overview The project consists of continuing engineering studies and design to prepare final design and construction documents. Previous phases of engineering studies included Policy 1601 approval, Separate Action, Minor Interchange Modification Request, and Categorical Exclusion. The general project limits include the interchange at I-25 and SH 392, all of the ramps, and frontage road improvements. The modifications to the existing diamond interchange are described as: ■ Reconstruction of all the ramps—limits not to extend beyond the existing gores ■ Construction of intersections at the ramp termini at SH 392 ■ Reconstruction of the SH 392 bridge over I-25 ■ Modifications to the west frontage road alignment and intersection with SH 392 The general scope of services, with detail below, includes: ■ Task A- Project Initiation and Continuing Requirements ■ Task B - N/A ■ Task C - Preliminary Design ■ Task D - Final Design and Construction Documents The project duration for Tasks A through D is approximately 180 Calendar Days Work Tasks Detail INTRODUCTION The AECOM Transportation Team will provide engineering services to the City of Fort Collins and Town of Windsor, herein referred to as the"CLIENT". The items contained within this Scope of Work define the required services for the SH 392/I- 25 interchange reconstruction. The preliminary and final design tasks are based upon the enhanced concept design and frontage road concept design that was developed and approved in the CDOT 1601 System Level Study by the Colorado Transportation Commission on .1/21/09. A. CONTINUING REQUMEMENTS As part of continuing requirements, AECOM Transportation will perform the following: 1. Initial Project Meeting. An initial project"Kickoff' meeting will be held immediately upon Notice to Proceed. Representatives from the Consultant and all applicable CLIENT departments will attend the meeting. AECOM Transportation will prepare the meeting agenda and meeting minutes. 2. Review environmental mitigation requirements and ensure that they are included in the plan for design. Catex environmental clearance was obtained on January 5, 2009. Mitigation outlined by the Catex documentation will be implemented. Additional Exhibit A - Page 1 of 16 Exhibit A—Scope of Work wetland mitigation options will be developed for greater than 1:1 mitigation, up to 3:1 mitigation. The options will be documented in a detailed report and will be delivered along with the preliminary design plans. The CLIENT will provide input on the preferred mitigation option that will be used to develop the final plans for mitigation. The Parties agree that minimum NEPA requirements for this project call for wetlands mitigation on a 1:1 ratio, and provisions for such mitigation have been included in the Systems Level Study submitted to the Transportation Commission on January 21, 2009. It is the intention of the Local Agency,at its own cost, to exceed the minimum NEPA requirements by providing wetlands mitigation on a 3:1 ratio. The Parties specifically agree that the cost of any Local Agency plan to study and/or construct such enhanced wetlands mitigation shall be borne entirely by the Local Agency,with no cost to the State. Furthermore, no Local Agency plan for enhanced mitigation shall be constructed without the written consent of the State and conditions for such consent shall mandate provisions for perpetual maintenance by the Local Agency,and provisions for an adequate water supply to allow such mitigation to exist in perpetuity. 3. Develop a Project Schedule : AECOM Transportation will develop a schedule using Microsoft project software that will be periodically updated during the project. 4. Review and revise design criteria as required. CDOT and AASHTO design criteria will be used, along with City of Fort Collins criteria for frontage road design. All design criteria will be documented and approved by the CLIENT prior to completion of preliminary design plans. 5. Agency Coordination Meetings, AECOM Transportation will attend a total of 12 face to face coordination meetings with local agencies including City of Fort Collins, Town of Windsor, Larimer County, or CDOT. Weekly conference calls will also be used as required to fulfill coordination activities. 6. Obtain necessary Right-of-Entry and permits. The AECOM Transportation Project Team shall obtain the necessary written permission to enter private property for material testing and survey data collection, as required. Included in this written permission will be the names and telephone numbers of persons to contact should notification prior to entry be necessary. These written permissions apply to CLIENT and CDOT personnel, as well as Consultant personnel. CDOT Form 730 may be used for this purpose. Signed copies of the written permission will be submitted to the CLIENT/PM prior to entering private property for survey work. 7. Progress Meetings. The CLIENT and AECOM Transportation Project Managers will meet periodically as required to discuss project status. A total of 6 face to face progress meetings are included in the Scope of Work. Weekly conference calls will also be used to provide project management updates. These Progress Meetings will be used to coordinate and track the work effort and resolve problems. The meetings will review the following: • Activities required to be completed since the last meeting. • Problems encountered and effectiveness of previous meeting. • Late activities. • Activities required to be completed by the next meeting • Solutions proposed for unresolved and anticipated issues. • Information or items required from other agencies. Exhibit A - Page 2 of 16 Exhibit A—Scope of Work 8. Project Management. The Consultant will coordinate all the work tasks being accomplished by all parties to ensure project work completion stages are on schedule. This effort includes project invoicing and review of subconsultant invoices for incorporation into the monthly invoices. B. PROJECT DEVELOPMENT N/A C. PRELIMINARY DESIGN The scope of work includes design of the interchange as defined in the SH 392/I--25 Interchange System Level Study, January 2009. The structures in preliminary design include: • SH 392 over I-25 • New retaining walls along SH 392 and I-25 ramps In-Roads Software and Micro Station CAD Software will be used in the development of the preliminary design plans. As part of this preliminary design, AECOM will perform the following activities: 1. Supplemental Field Survey: Field survey. This work shall be done in accordance with the CDOT Survey Manual and applicable state statutes. See detailed scope by HCL Inc. for additional information. 2. Traffic Engineering. AECOM will perform various traffic engineering tasks associated with the design and construction of the project including signal design, signing and striping plans, and traffic control plans. 3. Materials Engineering. Materials engineering for pavement design will be completed. See detailed scope of work by Geocal, Inc. for additional information. 4. Existing Bridge Condition Investigation. AECOM will field verify the condition of the existing structures from the PONTIS reports and include the results in the preliminary design reports. 5. Foundation Investigation Report. A soils investigation and geotechnical report will be prepared for the following bridge location: SH 392/1-25. See detailed scope of work prepared by Geocal, Inc. 6. Hydrology/Hydraulic Engineering. A hydrology and hydraulics report will be prepared for the Project. This report can be used to facilitate the completion of the various hydrology/hydraulic engineering tasks. a. Hydrology (1) Establish drainage basin data: delineate, determine size, waterway geometry, vegetal cover, land use. Exhibit A - Page 3 of 16 Exhibit A—Scope of Work (2) Collect historical data; research flood history and previous designs in the proximity; and obtain data from other sources(e.g., Colorado Water Conservation, CDOT Maintenance, and local residents). (3) Select a storm frequency based on the CDOT Drainage Design Manual. If it is not possible to use the CDOT Manual storm frequency criteria for a bridge or culvert design,the CDOT/PM should be notified. A risk analysis may be required but will not be accomplished without prior written approval from CDOT. (4) Do a hydrological analysis using existing studies or approved methods(see CDOT Drainage Design Manual) for the storm drainage and outfall structures. b. Hydraulics (1) Accomplish the preliminary design for the storm drainage system including: (a) Determine location, type, size and shape of required drainage structures. (b) Assess the degree of sediment and debris problems to be encountered. (c) Prepare preliminary structure profiles to determine the elevations, flowlines, slopes and lengths of the structures. Indicate the flow quantity on the sections. (d) Complete the design computations and documentations in accordance with the CDOT Drainage Design Manual. (2) A water surface profile and complete hydraulic analysis is required for major structures. Determine the following: (a) Required hydraulic size and skew (b) Design year frequency (c) Design year headwater elevations (d) The channel erosion protection as needed. C. Water Quality 1. Determine appropriate Permanent Water Quality Best Management Practices(BMPs). • Perform sizing calculations. • Evaluate BMP footprint for project compatibility. 2. Determine appropriate Construction Phase BMPs. Prepare preliminary Storm Water Management Plan(SWMP). d. Preliminary Hydraulics Report. AECOM will prepare a preliminary hydraulics memorandum. This memorandum will include a hydrology analysis and the structure hydraulic design. The hydraulic memorandum will discuss drainage basins maps, basin descriptions, precipitation, flood history, design flood frequency, prediction of design discharge,existing structures,capacity and adequacy problems, design circumstances, possible channel improvements, Exhibit A - Page 4 of 16 Exhibit A—Scope of Work allowable headwater, potential property damage, structure alternatives, and recommended design. 7. Utility Coordination. Utility coordination and locations of existing utilities will be obtained as part of the survey investigations. Only minor utility coordination and updates to the locations are included in the Scope of Work. a. Utility coordination will require the following tasks: (1) Identify all utilities within the interchange. Determine the existing and future utilities needs based upon the proposed interchange configurations. (2) Collect design data for use in the design phases and incorporation into the plan development. (3) Communications with utility owners and coordinating their utility comments into the designs. (4) Conduct utility survey and pot-holing for a maximum of 10 locations and coordinate into the project design. 8. Roadway Design and Roadside Development a. Roadway Design. (1) Horizontal and vertical alignment will be based on the SH 392/I-25 Interchange System Level Study,January 2009. (2) Profiles will be adjusted based on updated survey information (3) No profile adjustment to 1-25 is assumed. (4) Compute preliminary earthwork quantities. 9. Right-of-Way. Right of way plans will be prepared. See detailed Scope of Work prepared by HCL Inc. and HC Peck Inc.. 10. Major Structure Design. AECOM will prepare a Site-Specific Structure Type Study Report for the SH 392 bridge. The span configuration from the SH392II-25 Interchange System Level Study,January 2009 will be used as the basis of design. This is assumed to be a 2 span configuration. Further coordination with CDOT Staff bridge and CDOT R4 will be accomplished to completely define the structure type_ and configuration. A Structure Study Report will be prepared for the wall structures required. The results of all study reports will be discussed at a Structure Review Meeting with CDOT. Comments from the meeting will be addressed and/or incorporated into the final design phase. a. Design Coordination. AECOM will collect the following project information from CDOT as required to complete the preliminary design. (1) Obtain the structure site data. The following data, as applicable, shall be collected(see Procedural Directive 1905.1): Typical roadway section, roadway plan and profile sheets showing all alignment data, topography, utilities, preliminary design plan, Right-of-Way restrictions, preliminary hydraulics and geology information, environmental constraints, lighting Exhibit A - Page 5 of 16 Exhibit A—Scope of Work requirements, guardrail types, recommendations for structure type, and architectural recommendations. (2) Obtain data on existing structures. Collect existing information such as existing plans, inspection reports, structure ratings, foundation information, and shop drawings. A field investigation of existing structures will be made with notification of the Resident Engineer. (3) Design Criteria. AECOM will prepare design criteria to be used for the preliminary and final design. The preliminary criteria will be based upon the information contained in the SPSR and CDOT Bridge Design Manual. Horizontal and vertical constraints will also be established based upon discussions with CDOT Region 4. The final design criteria for each major structure will incorporate the information from the preliminary design and include specific superstructure and substructure component requirements. Ultimate and allowable design parameters will also be given. b. Structure Type Studies. The report will follow the guidelines established in the CDOT Bridge Design Manual. By means of the structure general layout, with supporting drawings,tables, and discussion, provide for the following: (1) Summarize the structure site data used to select and layout the structures. Include the following: (a.) Existing structure data. (b.) Project site plan (c) Roadway vertical and horizontal alignments and cross sections at the structure. (d) Construction phasing (e.) Utilities on, below, and adjacent to the structure. (f.) Hydraulics: Not Used (g.) Preliminary geology infonnation for the structure foundation (h) Aesthetic requirements (i.) Perform an independent review of the structure type studies. (2) Review the structure site data to determine the requirements that will control the structure size, layout, and type. (3) Determine the structure length, width, and span configuration that satisfy all horizontal and vertical clearance criteria. (4) Verify and/or develop unit prices for the major structural work items. (5) Perform preliminary design in accordance with the CDOT Bridge Design Manual for the following superstructure types: precast concrete BT girders, precast concrete U girders,and steel plate girders.. . (6) Determine the foundation alternatives. Consider piles,drilled caissons, spread footings and mechanically stabilized earth foundations based on geology information from existing structures and early estimates from the project geologist. To obtain supporting information, initiate the foundation Exhibit A - Page 6 of 16 Exhibit A—Scope of Work investigation as early as possible during the preliminary design phase. Evaluation of any WEAP Analysis may also be required during this stage. (7) Develop the staged construction-phasing plan,as necessary for traffic control and detours; in conjunction with the parties performing the roadway design and traffic control plan. The impact of staged construction on the structure alternatives shall be considered and reported on. (8) Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure layout, and foundation type alternatives. (9) Evaluate the structure alternatives based upon relative costs and verbal discussion to support recommending anything other than the least expensive alternative. Criteria for selection will be based upon the project goals and determined with stakeholder concurrence. (10) The structure foundation evaluation for the bridges will be based upon least cost criteria. (11) Summarize the results from the structure type studies in two separate reports and present it to CDOT. The reports should include the preliminary design criteria, recommended bridge lengths, and structure recommendations for each location. C. Wall structures for the SH 392 Interchange that are required by the proposed roadway improvements will be investigated. It is assumed that a maximum of 2 (in total) unique wall types will be studied for the S retaining walls identified in the Concept Design. (1) Perform an assessment on the existing conditions to determine which methods of wall construction are feasible(i.e. top-down or conventional construction). It is anticipated that Mechanically Stabilized Earth (MSE), and cast-in-place(CIP)wall types will be investigated. The preliminary wall types investigated will be based upon the conceptual wall layouts determined by the SH39211-25 Interchange System Level Study, January 2009. (2) Review the project site data and available geotechnical reports to determine the site-specific requirements that will control the structure selection. (3) Incorporate the preliminary hydraulic results, if any, to validate structure size and alignment. (4) Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure rehabilitation alternatives. (5) Summarize the results from the evaluation in a wall structure type memorandum and present it to CDOT. Exhibit A - Page 7 of 16 Exhibit A—Scope of Work d.. Independent Analysis Review. AECOM will perform an independent analysis review of each structure type selection report and structure type memorandum. 11. Construction Phasing Plan. A construction phasing plan shall be developed to integrate the construction of all the project work elements into a practical and feasible sequence. This plan shall accommodate the existing traffic movements during construction (detours). A preliminary traffic control plan will also be developed which will be compatible with the phasing plan. 12. Preparation for the FIR a. Coordinate,complete,and compile the plan inputs from other activities: materials, hydraulics,traffic, right-of-way, and major structures. b. General layouts for major structures(which have been accepted by CDOT)will be included in the FIR plans. C. Prepare the preliminary cost estimate for the work described in the FIR plans based on estimated quantities. d. The FIR plans shall comply with the requirements of the CDOT Procedural Directive 514.1 and 1905.1 and will include: title sheet,typical sections, general notes, plan/profile sheets,and preliminary layouts of interchanges/intersections. The plan/profile sheets will include the following: all existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW, rough structure notes(preliminary drainage design notes), and existing utility locations. Typical plan sheet scales will be as follows: I Inch= 100 Feet e. The ROW Ownership Map shall be included in the FIR plan set. f. The plans shall be submitted to the CDOT/PM for a preliminary review prior to the FIR. g. The construction phasing plans with proposed detours will be included in the FIR plan set. h. Plan Preparation for Structure Review Meeting. Prepare preliminary'general layout for the recommended structures. Prepare structure layouts in accordance with the CDOT Bridge Detailing Manual. Detail drawings and a detailed preliminary cost estimate shall accompany the general layout. The detail drawings shall include the architectural treatment at SH 392, if required. Perform an independent design and detail check of the general layout. i. 1048 form to be completed by CDOT. 13. Field Inspection Review: a. Attend the FIR. Exhibit A - Page 8 of 16 Exhibit A—Scope of Work b. The FIR meeting minutes shall be prepared by AECOM, approved by the CLIENT/CDOT/PM, and distributed as directed. C. The final design will commence immediately on receiving FIR comments. d. Design decisions concerning questions raised by the FIR will be resolved in cooperation with the CDOT/PM. The C/PM shall document the decision and transmit the documentation to the CDOT/PM for approval. a. A list of all deviations from standard design criteria along with the written justification for each one shall be submitted to-the CDOT/PM. b. Structure Review Meeting. Report on the results of the structure type study to CDOT. Obtain acceptance by CDOT on the recommended structure and its layout. The work schedule shall be planned accordingly. The structure selection report, with the associated general layout, must be accepted in writing by CDOT prior to the commencement of further design activities. AECOM will prepare minutes from the structure review meeting for CDOT Staff Bridge review. CDOT Staff Bridge will supply meeting minutes format. D. FINAL DESIGN In-Roads Software and Micro Station CAD Software will be used in the development of the final design plans. Selected roadway plans will be prepared in Micro Station CAD format. As part of this final design, AECOM Transportation will perform the following activities: I. Project Review. AECOM Transportation will update the project schedule based upon the results of the FIR and coordinate activities required for final design, initiate design decisions and discuss variances as they affect FOR activities. 2. Design Coordination. The design for each aspect of the project shall be reviewed during periodic meetings and approved by the CLIENT/PM prior to inclusion in the final plans. Specifically the designs for each of the following must be coordinated: • Roadway Geometry • Hydraulics • Roadside and Bridge Lighting • Landscaping • Permanent Signing& Striping • Construction Phasing • Guardrail and delineators 3. Utility Coordination. AECOM Transportation will coordinate with CLIENT R4 Utilities to identify required utility relocations. Following the finalization of the roadway horizontal alignment and profile grade and the horizontal location of drainage structures, sewers,and other underground structures, AECOM Transportation will coordinate with CLIENT's Utility Engineer to finalize utility clearances. All utility agreements will be prepared by CLIENT. Exhibit A - Page 9 of 16 Exhibit A—Scope of Work 4. Hydraulic Design. AECOM Transportation will complete the final hydraulic design activities required for the storm drainage and outfall structures. The work shall include: a. Data Review. Review data and information developed under the Preliminary Hydraulic Investigation and update in accordance with decisions made at the FIR. b. Geometry Revisions. Geometric revisions to hydraulic structures are anticipated as a result of post-FIR revisions to roadway and bridge geometry. Hydrologic basins must be updated. Hydraulic structure locations, flow rates, and design must be updated. C. Storm Water Management Plan(SWMP). Update the SWMP in accordance with decisions made at the FIR, in response to post-FIR roadway/bridge geometry revisions, and based upon additional investigation since the FIR incorporated new CLIENT Standard SWMP plans. AECOM Transportation will coordinate with CLIENT to finalize the erosion control plans and specifications. Wetlands mitigation plans,design details and project special provisions for wetlands mitigation will be performed by EDAWJAECOM. d. Finalize Hydraulics Report. Complete the hydraulic design for the storm drainage and outfall structures within the project limits. Update hydrology/hydraulics in accordance with bridge/roadway geometric revisions. 5. Interim Plans. No interim plans are included in the scope of work. 6. Right of Way. See detailed Scope of Work prepared by HCL, inc. and HC Peck Inc. 7. Materials Engineering. AECOM Transportation will incorporate pavement recommendations into the design plans as required. 8. Traffic Engineering. AECOM Transportation will perform the following traffic engineering activities: a. Permanent Signing/Pavement Marking Plans: SH 392, frontage road,and ramp signing and pavement markings. b. Traffic Control Plan: Complete TCP plans and quantities will be prepared and incorporated into the final design. c. Signalized Intersections. Signalized intersections shall be designed per CDOT standards at 4 locations. 9. Roadside Planning: a. Lighting Plans. The AECOM team will design and develop lighting plans for the project. (1) Prepare the plan. Exhibit A - Page 10 of 16 Exhibit A—Scope of Work (2) Present it to the CLfENT/CDOT/PM for acceptance. (3) High mast lighting design is not included in the scope. (4) After approval of the locations of the lights, the lighting design will be completed with the following information shown on the plans sheets: (a.) Circuit type and voltage of power source (b.) Location of power source(coordinated with the utility engineer) (c.) Luminaire type and lumens (d.) Light standard type and mounting height (e.) Bracket arm type and length (f) Foundation Details (g.) Size and location of electrical conduit (h.) Locations of power source(s)/lighting control center(s)(if appropriate) (i.) Location of direct burial cable 0.) Size of wiring and/or direct burial cable 10. Final Roadway Design. Complete the final design based upon the input from all applicable agencies and design disciplines. 11. Final Major Structural Design. During the conduct of this activity AECOM Transportation shall participate in structural review meetings as previously specified with the CLIENT/CDOT Structural Reviewer. AECOM Transportation shall document the FIR and FOR comments from Staff Bridge using a supplied formatted document. The design and independent analysis shall be in accordance with the AASHTO's LRFD Bridge Design Specifications, CDOT Bridge Design Manual, Chapter 19.1 and the remainder of the CDOT Bridge Design Manual. AECOM Transportation will perform final design for the following major structures: SH 392/I- 25. It is assumed that the Bridge will be designed as a two-span precast girder structure made continuous for live load. Any other superstructure type, including post- tensioned concrete or structural steel girders, will be considered out of scope. a. Structure Final Design for Major Structures (1) Review CDOT FIR accepted general layouts and comments. Develop revised general layouts for review by CDOT . (2) Review CDOT accepted foundation recommendations. (3) Review CDOT accepted hydraulic report. (4) Revise the general layouts and proceed with the final design as necessary to incorporate all review comments. (5) Perform the structural analysis. Provide the superstructure and substructure design. Document with the design notes, detail notes, and computer output. (6) Perform preliminary design check from design and detail notes before proceeding with the final design. b. Preparation of Structural Plans and Specifications Exhibit A - Page 11 of 16 Exhibit A—Scope of Work (1) Obtain the latest CDOT worksheets for the plan set. (2) Prepare all detail drawings in accordance with the CDOT Bridge Detailing Manual, CDOT Bridge Design Manual, and CDOT Drafting Manual. (3) Complete the computer runs/calculations. (4) Prepare the plan sheets. (5) Prepare special provisions applicable to the project. A maximum of I structure-related project special provision is assumed for the bridge. (6) Compute quantities and complete the quantity summary. c. Independent Design, Detail, and Quantity Check (1) Perform independent detail check and design check based upon plans generated by original designer. (2) Revise all plan sheets and design notes to reflect any deficiencies found in the design and detail check. (3) Check quantities. d. Structure Final Review Plans and Specifications (1) Make final plan and special provision corrections. (2) Complete cross-referencing of plans. (3) Assemble the complete plans and special provisions and submit for the FOR plans. e. Bridge Rating and Field Packages (1) Prepare the rating packages in accordance with the CDOT Bridge Rating Manual using VIRTUS software. Prepare the Structure Field Packages in accordance with the CDOT Bridge Detailing Manual. (2) Bridge rating calculations will be performed for the bridge. 13.Final Wall Structure Design. During the conduct of this activity AECOM Transportation shall participate in structural review meetings as specified in D.1 I with the CDOT Structural Reviewer. The design and independent analysis shall be in accordance with the AASHTO's LRFD Bridge Design Specifications, CDOT Bridge Design Manual, Chapter 19.1 and the remainder of the CDOT Bridge Design Manual. a. Structure Final Design for Wall Structures (1) Review CDOT accepted general layouts and comments. (2) Review CDOT accepted foundation recommendations. (3) Review CDOT accepted hydraulic report. (4) Revise the general layouts and proceed with the final design as necessary to incorporate all review comments. (5) Design for the wall structures will be documented with the design notes, detail notes, and computer output. (6) Designer shall review the plans with the design and detail notes. (7) Develop wall aesthetic treatments. Exhibit A - Page 12 of 16 Exhibit A—Scope of Work b. Preparation of Structural Plans and Specifications (1) Obtain the latest CDOT worksheets for the plan set. (2) Prepare all detail drawings in accordance with the CDOT Bridge Detailing Manual,CDOT Bridge Design Manual, and CDOT Drafting Manual. (3) Complete the calculations. (4) Prepare the plan sheets. (5) Prepare special provisions applicable to the project. A maximum of 1 structure-related project special provisions is assumed for walls. (6) Compute quantities and complete the quantity summary. c. Independent Design, Detail, and Quantity Check (1) Perform independent detail check and design check based upon plans generated by original designer. (2) Revise all plan sheets and design notes to reflect any deficiencies found in the design and detail check. (3) Check quantities. d. Structure Final Review Plans and Specifications (1) Make final plan and special provision corrections. (2) Complete cross-referencing of plans. (3) Assemble the complete plans and special provisions and submit for the FOR plans. e. Field Packages. Prepare the Structure Field Packages in accordance with the CDOT Bridge Detailing Manual. 14. Final Miscellaneous Structural Design. Final design services will be provided for any miscellaneous structure modifications to accommodate any drainage requirements for this project. 14. Construction Phasing Plan. A final construction phasing plan will be developed which integrates the construction of the structure work elements into a practical and feasible sequence. This plan shall accommodate the existing traffic movements during construction, and a final traffic control plan developed which shall be compatible with the phasing plan. 15. Plan Preparation for the Final Office Review a. Coordinate the Packaging of the Plans. Collect plans from all design elements and collate the plan package. Include the construction phasing plan.Calculate plan quantities and prepare the tabulations and Summary of Quantities. b. New or revised utility locations shall be added to the plan topography. Conflicts shall be resolved and appropriate pay items/specifications added,to adjust utilities. c. The Final Office Review(FOR) plans shall include the following sheets(as appropriate): Exhibit A - Page 13 of 16 Exhibit A—Scope of Work • Title Sheet • Standard Plans List • Typical Sections • General Notes • Summary of Approximate Quantities • Appropriate Individual Quantity Tabulations • Special Details • Structure Details • Roadway Plan and Profiles • Interchange and Intersection Layouts • Interchange Contour Grading and Drainage Plans • Utility locations • Storm Water Management Plan • Lighting Plans • Signing and Striping • Construction Phasing • Detour • Structure Cross Sections • Roadway Cross Sections with Quantities The work associated with the FOR plans also includes a quality control and assurance review by the Project and Task Managers to assure that all final plan revisions have been incorporated into the FOR set. d. In addition to the plan sheets,the Special Provisions shall be provided. This will consist of those unique Project Special Provisions which have to be written specifically for items, details and procedures not adequately covered by CDOT's Standard Specifications and Standard Special Provisions. Also a list of the Standard Special Provisions which are applicable to the project shall be prepared. The Project Special Provisions shall be provided in the CDOT format and submitted with the project plans. e. Prepare the FOR estimate. Item numbers, descriptions, units and quantities shall be listed and submitted to the CLIENT/CDOT/PM. f. Submit the FOR plans and specifications to the CLIENT/CDOT/PM for a preliminary review prior to the FOR. 16. Final Office Review. AECOM Transportation will attend the FOR and prepare the FOR meeting minutes, approved by the CLIENT/CDOT/PM,and distributed as directed. 17. Construction Plan Package a. Post-FOR meeting minutes will be prepared by AECOM Transportation for the structure sheets and submitted to CLIENT for review and approval. b. The final review of the plans by the CLIENT may require final revision of the plans which shall be done by AECOM Transportation. C. The bid plan construction contract package shall consist of the revised FOR plans Exhibit A - Page 14 of 16 Exhibit A—Scope of Work and will completely describe the work required to build the project including project dated special provisions and detailed quantities. 18. Submittals. The Consultant shall submit a hard copy of the following: a. Roadway Profile, Staking,and Earthwork Quantities b. Major structures: An independent set of the following shall be submitted to the CDOT Structural Reviewer for each major structure. (1) A letter to CLIENT certifying that the Structural Plans and Specifications have been prepared in accordance with the present design standards for the Colorado Department of Transportation and all federal FHWA regulations. (2) The complete and final set of original design notes for each bridge and each retaining wall structure at each site(including output from computer programs). These notes shall include revisions reconciling any differences between the original design,the independent design check and any design changes resulting from subsequent reviews. See item (6)for format. (3) The complete and final set of design check notes for each bridge and each retaining wall. One set of check notes will be prepared for twin structures. See item(6)for format. (4) Two sets of field packages: The final quantity calculations as described in the CDOT Bridge Detailing Manual,a copy of the geology report, and as- constructed plans for existing structures on the project,where applicable. (5) The bridge rating package: Each stand along bridge rating package shall contain a rating summary sheet for girders and deck, rating information and hand calculation sheets, rating computer output, and electronic copy of rating input file. Refer to the Bridge Rating Manual for a description of these items. (6) An electronic submittal of the bridge design notes and independent check will provided, via CDROM. The files will be in acrobat.pdf format. The team shall use a 400 DPI setting, in accordance with CDOT Staff Bridge recommendations. C. Shelf Plans. A complete set of design drawings and project specifications will be submitted to CLIENT/CDOT at the completion of the FOR design. 19. Record Plan Sets. Two(2)record plan sets for final design of roadways and structures will be produced which shall bear the seal and signature of the responsible Consultant Engineer on each sheet. One(1) set shall be retained by the Consultant for three (3)years. The other set shall be submitted to CLIENT per CRS 12-25-117, as amended. The original plan drawings shall not bear a seal. 20. Corridor Management Support. These services are not included in the scope of work. Exhibit A - Page 15 of 16 Exhibit A—Scope of Work E. SERVICES AFTER DESIGN This portion of work will address the construction support services required for the construction of the Project. AECOM Transportation will provide engineering support services, as described below, to CLIENT to assist with the construction of the project. A separate construction manager is assumed to handle day-to-day construction activities. Therefore, RFI's and working drawings will not be reviewed. 1. Review of Shop Drawings. AECOM Transportation will review contractor shop and auxiliary drawings as directed by the CLIENT/PM. The following shop drawings are anticipated for the construction of the bridge: BT Girders; MSE Wall Design& Details. Each shop drawing submittal shall include the following items: a. Maintain log of all submittals which identify the submittal description,date received and date transmitted back to the sender. b. The review of the shop drawings shall be done by a PE registered in the State of Colorado. C. The review of the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the current "Standard Specifications for Road and Bridge Construction" in connection with the contract work. 2. Construction Services. When requested by the appropriate CLIENT/PM, AECOM Transportation shall provide the services described below: a. Coordinate the schedule at the start of construction and continuously throughout construction phase. b. Provide field observation prior to,and on the day of, the following: pile driving, major concrete pours and girder placement C. Provide technical assistance to CLIENT project personnel on an as-needed basis. This service shall include, but not be limited to, the following: responding to questions in the field that arise relative to the plans, details or special provisions; and providing engineering and drafting services for design revisions required due to changes in construction or field conditions. 3. Post Design Plan Modifications. When requested by the appropriate CLIENT/PM, AECOM Transportation shall provide design services for plan modifications required by unforeseen field conditions. Post Construction Support Services associated with the final earthwork determination, as- built plans, revisions to the ROW plans, monuments, and updating the Record Plan Set are not included. Exhibit A - Page 16 of 16 LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C A. The Local Agency has estimated the total cost the Work to be $1,937,878.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $1,437,878.00 State Funds $500,000.00 (100%of Participating Costs) b. Local Agency Matching Funds $0.00 (0%of Participating Costs) Local Agency Matching for CDOT- c. Incurred Non-Participating Costs $0.00 . Includin Non-Participating Indirects TOTAL BUDGETED FUNDS $1,937,878.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share State Funds (100%of Participating Costs) $ 169,355 b. Local Share 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 $169,355 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal & State Funds Budgeted (1a) $1,937,878.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $169,355 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,768,523,.00 FOR CDOT ENCUMBRANCE PURPOSES Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $0.00 WBS Element 16639.10.30 Design 130201 $ 1,768,523 Exhibit C B. The matching ratio for the federal participating funds for this project is 100.00% federal-aid & state funds (CFDA#20 2050)to 0.00% Local Agency funds, it being understood that such ratio applies only to the $1,937,878.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,937,878.00, and additional federal funds are made available for the project, the Local Agency shall pay 0.00%of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal 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 $1,937,878.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. The maximum amount payable to the Local Agency under this contract shall be $1,768,523 (For CDOT accounting purposes, the federal and state funds of$1,768,523 and local matching funds of$0.00 will be encumbered for a total encumbrance of$1,768,523), 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 project herein being made available from federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, 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. Exhibit D 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 Obligation. 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 (sub-recipient) 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