HomeMy WebLinkAboutbocc.con.009.2001(ST$/LAWRK)
C 0821-056 (12774)
Pitkin County/R-3 (NSO)
APPROVED BY BOCC
ON Lo-7-mod/
CON Rev. 2/00
02 HA3 00011
CMS ID 02-033
CONTRACT
not_
THIS CONTRACT, made this ri day of F} , Ma, by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and the PITKIN COUNTY,
STATE of COLORADO, 530 East Main, Suite 301, Aspen, Colorado 81611, FEIN: 846000794,
hereinafter referred to as the Local Agency, or the contractor.
FACTUAL RECITALS.
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment of project
and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991,
Program 2000, Function 3301, Object 2312 1N, Reporting Category 3100, Contract Encumbrance
Number 12774, (Contract Encumbrance Amount: $4,800,000.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to
provide maintenance and construction of highways that are part of the state (or local agency)
highway system.
4. The parties entered into an Intergovernmental Agreement dated October 20, 1999, a copy of
which is attached hereto and made a part here of as Exhibit A.
5. Under the October 20, 1999 Intergovernmental Agreement, the Local Agency agreed to
advance funding for the construction of intersection improvements at State Highway 82 and Maroon
Creek Road, hereinafter referred to as "the project" or "the work".
5. Under the October 20, 1999 Intergovernmental Agreement, the State agreed to
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reimburse the Local Agency for 75% of the cost of the construction of the intersection
improvements, subject to the project being included in the fiscally constrained 20 year Statewide
Transportation Improvement Program (STIP).
6. The project has now been included in the fiscally constrained 20 year Statewide
Transportation Improvement Program (STIP) and State funds been budgeted under project C 0821-
056 so that the State can now reimburse the Local Agency for 75% of the project costs, up to a
maximum of $4,800,000.00.
7. The Local Agency desires to comply with all state and other applicable requirements,
including the State's general administration of the project through this contract, in order to obtain
state funds for the project.
8. The Local Agency has submitted final costs for the work and is prepared to accept the state
funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local
Agency to enter into this contract. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
9. This contract is executed under the authority of Sections 29-1-203, 43-1-110, 43-1-116,
43-2-101(4)(c), 43-2-102 through 104, 43-2-144 C.R.S., as amended, as applicable, and the
Local Agency ordinance/resolution.
NOW, THEREFORE, it is hereby agreed that:
I. PROJECT DESCRIPTION
"The project" or "the work" under this contract consisted of construction of intersection
improvements at State Highway 82 and Maroon Creek Road in Pitkin County, Colorado, as more
specifically described in the Exhibit A (the Intergovermental Agreement dated October 20, 1999).
II. PROJECT FUNDING PROVISIONS
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A. The Local Agency has estimated the total cost the work to be $6,400,000.00 which is to
be reimbursed as follows:
a. State funds (75% of $6,400,000.00) $4,800,000.00
Total Funds: $4,800,000.00
B. The maximum amount payable to the Local Agency under this contract shall be
$4,800,000.00, unless such amount is increased by an appropriate written modification to this
contract executed before any increased cost is incurred. It is understood and agreed by the parties
hereto that the total cost of the work stated hereinbefore was 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.
C. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from state sources, as applicable. Should these sources fail to
provide necessary funds as agreed upon herein, the contract may be terminated by either party,
provided that any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur as a
result of such termination.
III. PROJECT PAYMENT PROVISIONS
A. The State will reimburse the Local Agency for incurred costs relative to the project
following the State's review and approval of such charges, subject to the terms and conditions of this
contract.
B. The Local Agency will prepare and submit to the State a final recapitulation of charges for
costs incurred relative to the project. The Local Agency will prepare project charges in accordance
with the State's standard policies, procedures, and standardized billing format attached hereto and
made a part hereof as Exhibit D.
IV. STATE COMMITMENTS
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A. The State will provide liaison with the Local Agency through the State's Region Director,
Region 3, 222 South Sixth Street, Grand Junction, Colorado 81501-2769, (970) 248-7225. Said
Region Director will also be responsible for coordinating the State's activities under this contract.
All communications relating to the day-to-day activities for the work shall be exchanged between
representatives of the State's Transportation Region 3 and the Local Agency. Until changed by
notice in writing, all such notices and communications shall be addressed as follows:
If to the State:
Mr. Joe Elsen
CDOT Region 3
202 Centennial
Glenwood Springs, CO 81601
(970) 384-3332
If to the Local Agency
Mr. Stan Berryman
Pitkin County
530 East Main, 3rd Floor
Aspen, CO 81611
(970) 920-5194
B. The State will reimburse the Local Agency for the incurred costs relative to the work, as
provided in Section II. A.
V. LOCAL AGENCY COMMITMENTS
A. The Local Agency has completed the work pursuant to the October 20, 1999 Interagency
Agreement.
B. The Local Agency shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred and to make such materials available for inspection at all
reasonable times during the contract period and for 6 years from the date of final payment to the
Local Agency. Copies of such records shall be furnished by the Local Agency if requested.
The Local Agency shall, during all phases of the work, permit duly authorized agents and employees
of the State to inspect the project and to inspect, review and audit the project records.
C. The Local Agency will maintain and operate the improvements constructed under this
contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and
will make ample provision for such maintenance each year. Such maintenance and operations shall
be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder,
which define the Local Agency's obligation to maintain such improvements. The State will make
periodic inspections of the project to verify that such improvements are being adequately maintained.
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VI. GENERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State for the Plans, the State will
not be liable or responsible in any manner for the structural design, details or construction of any
major structures that are designed within the Work of this contract.
B. If the work involves construction, the State shall have the authority to suspend the work,
wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local
Agency or its construction contractor to correct project conditions which are unsafe for the Workmen
or for such periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the work, or for any other condition or reason deemed
by the State to be in the public interest.
C. This contract may be terminated as follows:
(a) 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 received just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payment advanced under
the provisions of this contract.
Notwithstanding 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.
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.
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(b) Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of funds 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.
(c) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds
which are available to the State for the purposes of contracting for the project provided for herein,
and therefore, the Local Agency expressly understands and agrees that all its rights, demands and
claims to compensation arising under this contract are contingent upon availability of such funds to
the State. In the event that such funds or any part thereof are not available to the State, the State may
immediately terminate or amend this contract.
D. Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and attachments hereto which may require continued
performance or compliance 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.
E. 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 specifically provided otherwise herein, 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.
F. 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. The
waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the
same term upon subsequent breach.
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G. 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
written contract executed and approved pursuant to the State Fiscal Rules.
H. 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.
I. The Local Agency represents and warrants that it currently has no interest, and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of the Local Agency's obligations under this contract. The Local Agency's further
covenants that, in the performance of this contract, it will not employ any person or firm having any
such known interests.
J. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written above and shall
continue through the completion and final acceptance of this project by the State and Local Agency.
K. The Special Provisions attached hereto are hereby made a part of this contract. The Local
Agency shall comply with all applicable terms and conditions of such attachments.
L. If a conflict occurs between the provisions of this contract proper and the attachments
hereto, the priority to be used to resolve such a conflict shall be as follows:
1. The Special Provisions referenced in Section VIII, paragraph K, above; and
2. This contract proper;
3. Other contract attachments and exhibits, in their respective order.
M. 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
parties hereto, and nothing contained in this contract shall give or allow any such claim or right of
action by any other or third person on such contract. It is the express intention of the parties that any
person or entity other than the parties receiving services or benefits under this contract be deemed to
be an incidental beneficiary only.
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N. The Local Agency assures and guarantees that it possesses the legal authority to enter into
this contract. The Local Agency warrants 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 they have full authorization to execute this
contract.
O. The Local Agency and the State may use one or all of the Contract Modification Tools
contained in ADDENDUM A, in order to more expeditiously change and amend the terms of this
contract, if such use is warranted by the circumstances as described and authorized therein.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first above written.
ATTEST:
By
MEChief Clerk
ARTHUR L. BARNHART
State Controller
ATTEST: (SEAL)
SIGNATURE AUTHORITY
By LETTER ON FILE
Title.
STATE OF COLORADO
BILL OWENS, GOVERNOR
By afr.1-4�--
xecutive Director
DEPARTMENT OF TRANSPORTATION
APPROVED:
KEN SALAZAR
Attorney General
stant Attorney General
it Litigation Section
PITKIN COUNTY, COLORADO
By (yam"
Title V el
Federal Employer Identification
Number: 846000794
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c,
EXHIBIT A
LL HA3 00001
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made this 0 day of OC ;bE Q'
1999, by and between the State of Colorado for the use and benefit of THE COLORADO
DEPARTMENT OF TRANSPORTATION, 4201 E. Arkansas Avenue, Denver, CO 80222,
hereinafter referred to as the State or CDOT, and PITKIN COUNTY, 530 East Main, Suite 301,
Aspen, CO 81611, 846000794; hereinafter referred to as the Local Agency.
WHEREAS, authority exists in the law and it is the intent of CDOT, subject to the
conditions set forth hereinafter in this agreement, to budget, appropriate and otherwise make
available future funds for payment to the Local Agency, for SH 82 Maroon Creek Road
intersection improvements, hereinafter sometimes referred to as "the Roundabout", and
WHEREAS, the Local Agency desires to improve the SH 82 Maroon Creek Road
intersection before the winter of 1999; and
WHEREAS, the Entrance to Aspen Environmental Impact Statement was completed in
August, 1997 and the Record of Decision issued in August, 1998; and
WHEREAS, the SH 82 Maroon Creek Road intersection improvements have been
endorsed and approved by the Transportation Planning Regions within CDOT Engineering
Region 3 as part of "other regional priorities" via the public hearing process and the
Intermountain Transportation Planning Region and all other Transportation Planning Regions
within the geographic boundaries of CDOT's Region 3 have endorsed and approved the Maroon
Creek Road Roundabout for inclusion and prioritization in their Region Transportation Plans;
and
WHEREAS, the Local Agency estimates the total cost of the intersection improvements,
to be $6,400,000; and
WHEREAS, the Local Agency recognizes and accepts the fact that future CDOT
repayment of any portion of the cost of the work, not to exceed $4,800,000, is contingent upon
inclusion of the SH 82 Maroon Creek Road intersection improvements in the Fiscally
constrained 20 year Statewide Transportation Plan and the Statewide Transportation
Improvement Program (STIP); and
WHEREAS, the Local Agency recognizes and accepts the fact that future CDOT
repayment of up to 75% of the cost of the work, not to exceed $4,800,000, is contingent upon the
availability and budgeting of such funds by the Transportation Commission for repayment and
that the State shall have no obligation to repay any funds advanced by the Local Agency for the
costs of the Roundabout unless and until funds are budgeted and made available by the
Transportation Commission for that purpose; and
WHEREAS, the County, the City of Aspen, and the Town of Snowmass Village have
committed to advance the full $6,400,000 to accelerate the performance of the work thereby
saving the costs of inflation on construction during 1999; and
WHEREAS, this Agreement is executed by the State under authority of Sections
43-1-106, 43-1-110, 43-2-104.5, and 43-2-144, C.R.S., as amended, and by the State and Local
Agency pursuant to 29-1-203, C.R.S., and Art. XIV, Section 18 of the Colorado Constitution;
and
WHEREAS, the Transportation Commission of Colorado has passed Resolution TC-732
on May 19, 1999 approving the execution of this Intergovernmental Agreement; and
WHEREAS, the parties hereto now desire to agree upon the division of responsibilities
for the Roundabout; and
WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake
and satisfactorily carry out its responsibilities under this Agreement.
NOW, THEREFORE, it is hereby agreed that:
I. PROJECT OR WORK DESCRIPTION
"The project" or "the work" under this contract shall consist of the design and
construction by Pitkin County of improvements at the SH 82 intersection and Maroon Creek
Road, said work being more fully described in the construction plans and specifications prepared
by MK Centennial dated April 16, 1999.
II. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Transportation Director, CDOT Region 3, 222 South 6th St, #317, Grand Junction, Colorado
81501 (970) 248-7225. Said Director will also be responsible for coordinating the State's
activities under this contract.
B. Following inclusion of the project in the STIP, CDOT shall seek approval of funding
from the Transportation Commission for the work. Said reimbursement may be phased over
multiple years.
C. CDOT, contingent upon inclusion of the Roundabout in the fiscally constrained
Statewide Transportation Plan and in the STIP and subject to Transportation Commission
approval, shall furnish up to 75% of the cost of the work not to exceed $4,800,000. The
obligation of CDOT to repay the Local Agency for costs advanced by the Local Agency, up to
the amount of $4,800,000 is expressly subject to the availability and budgeting of such funds by
the Transportation Commission, and the State shall have no obligation to repay the Local Agency
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unless and until the Transportation Commission authorizes and budgets such funds. Any such
reimbursement by CDOT to the Local Agency shall be subject to execution of a contract entered
into subsequent to the Transportation Commission's authorizing and budgeting such funds, if any
such action occurs.
D. CDOT has reviewed construction plans and bid documents for the work and has
indicated those changes, if any, necessary to assure compliance with federal and State
requirements.
E. CDOT shall perform a final project inspection prior to acceptance of the work as a
Quality Control activity.
III. LOCAL AGENCY COMMITMENTS
A. The Local Agency shall advance all funds necessary for the performance of the work,
which the County has estimated will cost $6,400,000.
B. The Local Agency shall not bill CDOT for repayment of such expenses until after the
beginning of the State's fiscal year(s) in which funding is authorized by the STIP. Any such
repayment shall be subject to action by the Transportation Commission authorizing and
budgeting funds therefor.
C. Pitkin County, with CDOT concurrence, has awarded the construction contract
for the work.
D. Pitkin County shall ensure that the construction contract for the work with its
contractor(s) incorporates CDOT's Standard Specifications for Road and Bridge Construction as
a standard for performance of the work.
E. Pitkin County has submitted its design plans for the work to CDOT and the FHWA
for approval of compliance with geometric, structural, and signing standards.
F. Pitkin County shall take full responsibility for maintenance and traffic control
during construction of the work.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written.
ATTEST:
By
A5f5E Chief Clerk
STATE OF COLORADO
BILL OWENS, GOVERNOR
By C<42 Gat1�
ace/Executive Director
DEPARTMENT OF TRANSPORTATION
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EXAMPLE A (Lump Sum Contracts)
Exhibit D, Page 1 of 5
Company Name:
Project No.
Address:
Project Location
Employer (FEIN) ID Number:
Subaccount No.
Invoice Number and Date:
Progress Report Dated:
% Completed: (1)
Current Billing Period: From. To:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL: (2)
$
Total Billed to Date:
$
Less: Retainage (10% of billing not to exceed 5% of contract)
$
Less: Prior Payments:
$
Prior Billing: $ Less Retainage: $
$
TOTAL CURRENT PAYMENT REQUEST: *
$
(% To date of DBE work: )
I certify that the billed amounts are in agreement with the contract terms:
Qignahvr Title
Bore
*% Completed x Contract Total = Total Current Payment Request
(I) x (2) = (*)
—14—
EXAMPLE B (Cost Plus Fixed Fee Contracts)
Exhibit D, Pa 2 of 5
Company Name:
Project No.
Address:
Employer (FEIN) ID Number:
Project Location
Invoice Number and Date:
Progress Report Dated:
Subaccount No.
% Completed:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL
$
Prior period Billing Amount:
$
Current Billing Period: From:
To:
DIRECT LABOR: (List Individually)
Employee Name
Classification
Regular
Hours
Direct Hourly Rate
$
Overtime
Hours *
Cost
$
Current This Period
Total Amount to
Date (Optional)
Subtotal — Direct Labor
$
$
Indirect _(%) (as
specified in contract)
$
$
OTHER DIRECT COSTS (In -House)
List individually — at actual cost as in final cost proposal; mileage (miles X $),
CADD (hrs. x $), equip. rental (hrs. x $), etc.
$
$
SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS)
$
$
FEE (%) (As specified in the contract)
$
$
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually)
(To be in the same format — attach copies)
$
$
% To Date on DBE Work
$
$
Outside Services Management Expense (when applicable)
$
$
TOTAL CURRENT PERIOD:
$
$
TOTAL TO DATE:
$
$
LESS: Retainage (10% of billing not to exceed 5% of contract)
$
$
LESS: Prior Payments
$
$
Prior Billing $ Less Retainage $
$
$
TOTAL CURRENT PAYMENT REQUEST
$
$
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature 1 ttte
*Eligible classifications only: in accordance with contract
Date
EXAMPLE C (Specific Rates of Pay Contracts)
Exhibit D, Page 3 of 5
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Company Name:
Project No.
Address:
Employer (FEIN) ID Number:
Project Location
Invoice Number and Date:
Progress Report Dated:
Subaccount No.
% Completed:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From: To:
PAY RATES: (List Indiv dually)
Employee Name
Classification
Regular
Hours
Overtime
Hours*
Rates of Pay
$/Hours**
Cost
$
SUBTOTAL -PAY RATES:
$
OTHER DIRECT COSTS (In -House)
$
List individually — at actual rates as in final cost proposal; mileage (miles X $),
CADD (hrs. x $), equip. rental (hrs. x $), etc.
$
SUBTOTAL (Pay Rates and Other Direct Rates)
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually)
(To be in the same format — attach copies)
$
% To Date on DBE Work
$
Outside Services Management Expense (when applicable)
$
TOTAL CURRENT PERIOD:
$
TOTAL TO DATE:
$
LESS: Retainage (10% of billing not to exceed 5% of contract)
$
LESS• Prior Payments
$
Prior Billing $ Less Retainage $
TOTAL CURRENT PAYMENT REQUEST
$
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature Title Date
*Eligible classifications only: in accordance with contract
** In accordance with contract
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EXAMPLE D (Local Agency Billing)
Date Exhibit D, Page 4 of 5
SECTION I. CONTRACT DATA
Local Agency: Project No.
Address:
Employer (FEIN) ID Number: Project Location
Invoice Number and Date:
% Completed: Subaccount No.
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $
Federal Share $
Local Agency Share $
State Share$
Prior Period Billing Amount: $
Current Billing Period : From: To:
SECTION II. INCURRED COSTS
DIRECT LABOR: (List individually)
Employee Classification Regular Direct Hourly Overtime Cost
Name Hours Rate $ Hours* $
Current Total to
SUBTOTAL — DIRECT LABOR This Period Date
BENEFITS % OF DIRECT LABOR $ $
OTHER DIRECT COSTS (In -House) $ $
List individually -at actual cost;
Mileage (miles x $), CADD (hrs. x $), $ $
Equip rental (hrs. x $), etc.
OUTSIDE SERVICES (Consultants & Vendors)
(List individually) (To be in this same format- $ $
attach copies of invoices)
TOTAL COSTS CURRENT PERIOD: $
TOTAL COSTS TO DATE: $
SECTION III. BILLING
TOTAL BILLING CURRENT PERIOD
( % OF TOTAL COSTS):
Prior Billing:
I certify that the billed amounts are actual and in agreement with the contract terms.
Signature Title Date
*Eligible classifications only
/?
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EXAMPLE E (Fixed Multiplier Contracts)
Exhibit D. Pa 5 of 5
Company Name:
Project No.
Address:
Employer (FEIN) ID Number:
Project Location
Invoice Number and Date:
Progress Report Dated:
Subaccount No.
% Completed:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From: To:
PAY RATES: (List Indiv dually)
Employee Name
Classification
Regular
Hours
Certified
Hourly Rates
Fixed
Multiplier
Cost
$
SUBTOTAL -PAY RATES:
$
OTHER DIRECT COSTS (In -House)
$
List individually — at actual rates as in final cost proposal; mileage (miles X $),
CADD (hrs. x $), equip. rental (hrs. x $), etc.
$
SUBTOTAL (Pay Rates and Other Direct Rates)
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually)
(To be in the same format — attach copies)
$
% To Date on DBE Work
$
Outside Services Management Expense (when applicable)
$
TOTAL CURRENT PERIOD:
$
TOTAL TO DATE:
$
LESS: Retainage (10% of billing not to exceed 5% of contract)
$
LESS: Prior Payments
$
Prior Billing $ Less Retainage $
TOTAL CURRENT PAYMENT REQUEST
$
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature Title Date
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may
designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fitly thousand dollars for the construction, erection, repair, maintenance, or improvement of any
building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, before entering upon the performance of any such
work included In this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to
be approved by said official in a penal sum not less than one-half of the total amount payable by the terns of this contract. Such bond shall be duly executed
by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the Contractor or his
subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendororothersupplies used or consumed by such Contractor or
his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per
cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shall be audited, allowed or
paid. A certified or cashiees check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnifiy, 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 incurred as a result of any act or omission by the contractor, orits employees,
Agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts.
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the
following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; layoffs or terminations; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap, or age.
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Govemor.
(d) The Contractor and labor unions will fumish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16,1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance with such rules regulations and
orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race,
creed, color, sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder, or attempt, eitherdireclly
or Indirectly, to commit any act defined in this contract to be discriminatory.
(g) In the event of the Contactoes non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, oroniers
promulgated in accordance therewith, and such other sanctions as may be Imposed and remedies as may be invoked as provided in Executive Orders,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided
by law.
(h) The Contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the Contractor
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becomes Involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the Contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
a. Provisions of CRS 8-17-101 8 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidderfrom a State or foreign country equal to the preference given or required by the State or foreign country in which the non-resident bidder is a resident. If
it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7. 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, orotherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for. (a)
unpaid child support debt or child support arearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid
loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e)
other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to
judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public
Office), and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described
herein.
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ADDENDUM A: CONTRACT MODIFICATION TOOLS
The Local Agency and the State may use a Funding Letter in order to more expeditiously change
and amend the terms of this contract, if such use is warranted by the circumstances as described
and authorized therein.
FUNDING LETTER.
Under this Contract, the Local Agency has agreed to provide funding based on the terms as
described herein as needed to satisfactorily perform and complete the work, subject to the
availability of funding.
Funds are currently available and encumbered for the work in the amount specified above.
However, the total cost to complete the work, and the resulting total funding amount(s) to be
provided by the State and Local Agency in exchange therefor, as described in this Contract or
otherwise made known to the Local Agency, are only estimated.
If the parties determine that they have underestimated/overestimated the total cost of the work,
they have the right to take the following action:
A. to increase/decrease the amount of available funds under this Contract.
In the event of this action, the State will notify the Local Agency thereof by Funding Letter. The
Funding Letter will be in a form substantially equivalent to the form attached hereto, and it shall
not be deemed valid until it shall have been signed by the Local Agency and approved by the
State Controller or such assistant as he may designate.
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COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY:
TI-IORI troller Policy letter on June 12, 1996
CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER
Region: Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on May 23, 1996
(1)This form to be used for the following contracts/situations only (check the appropriate situation):
_indefinite quantity, order more/add more _utility/railroad, underestimated total cost
CDOT construction, sum of CMO's LA construction, underestimated cost
underestimated total cost CDOT consultant, underestimated cost
CDOT construction,
1 (Region use)
SECTION
Date: (2)
Project code (3)
To: CDOT Controlle (FAX #(303) 757-9573 or e-mail CONTROLLER)
Project #
(4)
From:
# (5)
Office: (5)
i Phone # (5)
l FAX # (5)
1
Region
CDOT has executed a contract
Address: (6)
with: (6)
FEIN # (6)
Contract routing # (7)
COFRS encumbrance # (indicate
PO, SC or PG #) (8)
Fund
(9)
Orgn.
(9)
Appro.
(9)
Prgrm.
(9)
Func.
(9)
Object/Sub-obj N/P
(9)
GBL
(9)
Reporting Catg.
(9)
Proj/Sub/Phase
(9)
Original
$
contract amount
Has a Budget Request been processed to cover the contract amount increase?
yes no (14)
(10)
Previous Funding Letter(s) total
$ (11)
(Funding letter #1 thru #.J
Preparer's name (15)
PHONE NO:
This Funding Letter total
$ (12)
(# 1
Contract Administrator's/Business Manager's Approval
(16)
PHONE NO:
Adjusted contract amount
$ (13)
CDOT Designee Approval
(17)
Local Agency approval
(18)
SECTION 2 (Controller's Office use) (19)
Total allotment amount
$ (19)
Commission budget
$ (19)
If construction:
_CE pool elig. (19)
CE charges
$ (19)
Indirect chgs
$ (19)
Adjusted contract amount plus total CE & indirect
charges calculation S (19)
I have reviewed the financial status of the projec , organization, grant and have determined that sufficient funds are available
to cover this increase, effective as of (19)
State Controller or Delegee
(20)
Date
(20)
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