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HomeMy WebLinkAboutbocc.res.010.2013 EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION(CDOT) TO UTILIZE STATE FUNDS TO RELOCATE UTILITIES IN CONJUNCTION WITH THE ASPEN AIRPORT BUSINESS CENTER(AABC)PEDESTRIAN TUNNEL AND AABC BUS RAPID TRANSIT STATION DEVELOPMENT PROJECTS RESOLUTION NO. iY/ ' -2013 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 3988, GL Acct. 4512000010,WBS Element or Cost Center 19247.10.20, (Contract Encumbrance Amount: $355,000.00). 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 Local Agency has requested that State funds be made available for project C 0821- 101 (19247),which shall consist of the utility phase for the SH82 AABC pedestrian underpass,referred to as the "Project"or the"Work." 5. The State has funds available and desires to provide 100% of the funding for the Work. 6. 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. 7. The Local Agency has estimated the total cost of 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 and to complete the work under the project. 8. This contract is executed under the authority of§§ 29-1-203, 43-1-110; 43-1-116, 43- 2-101(4)(c) and 43-2-144, C.R.S. 9. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 10. The Local Agency can more advantageously perform the Work. 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: the Chair of the Pitkin County Board of County Commissioners be authorized to sign the Intergovernmental Agreement with CDOT to utilize State funds to relocate utilities in conjuction with the Aspen Airport Business Center(AABC) Pedestrian Tunnel and AABC Transit Station Development Projects. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 13th DAY OF MARCH 2013 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 27TH DAY OF MARCH, 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 3 -/ ' ' , 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE /514' DAY OF 0/4444, 2013. CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE �7 DAY OF nt 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY -y€/- ta0/3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE gait DAY OF_A 64a,L, 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS„ • By�J! ' .. t .,, By P C-2 r_ Jeante Jones / George Newman, air Dep ty County Clerk Date:-3 /1. 5 APPROVED AS TO FORM: MANAGER APPROVAL are John Ely, homey Jon Pea i c'k, qty anager 2 Routing# 13 HA3 53744 SAP #271001841 (State$LAWRK) A In CDOT Tracking Hs—subject to change • PROJECT C0821-101, (19247) REGION 3 (WMA) CONTRACT 20 ,8 by and between the State of THIS CONTRACT is made th' day of 4_0(A- he use and benefit of the Colorado Department of Transportation,hereinafter referred r#to Colorado for t Colorado, 81611,CDOT V as the State,and Pitkin County,76 Service Center Road,Aspen, 2000077,hereinafter referred to as the"Contractor"or the"Local Agency." RECITALS on exists in the law and funds have been budgeted,appropriated and otherwise made 1. Authority payment of project available and a sufficient uncommitted balance erection 3988nGL Acct.4512000010,WBS J and Local Agency costs m Fund Number 400,Function Element or Cost Center 19247.10.20,(Contract Encumbrance Amount: $355,000.00). e uired a proval,clearance and coordination have been accomplished from and with 2. Rq p appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended,the State may contract with Local Agencies to provide ovide maintenance and construction of highways that are part of the state(or local agency) highway system. Local Agency anticipates a project for the utilities phase of the SH82 AABC pedestrian underpass.L g and/or the State has completed and submitted a preliminary version underpass.The Local Agency Agency understands the general nature of the Work.The Local Ag Y of CDOT form#463 describing g enc must receive an official written"Notice to that before the Work begins,the Local Ag Y Proceed" prior to commencing any part of the Work.The Local Agency further understands, the Work begins,the form#463 may be revised as a result of design changes made by before in its internal review process.The Local Agency CDOT, in coordination with the Local Agency, desires to perform the Work described in form#463,as it may be revised. Local Agency has requested that State funds be made available or project t C 0821s1r0eferred (1 The g ty phase for the SH82 pedestrian(19247),which shall consist of the utili p Colorado, to as the"Project"or the"Work." Such Work will be performed in Pitkin County, specifically described in Exhibit A. 6. The S tate has funds available and desires to provide 100%of the funding for the Work. 7. The Local Agency desires to comply with all state and other applicable requirements, State' general administration of the project through this contract,in order to obtain including the s g state funds for the project. Page 1 of 18 8. The Local Agency has estimated the total cost of the work and is prepared to accept the state ro funding for the Work, as evidenced by an appropriate ordin ance or resolution duly passed and adopted by the authorized representatives of the Local Agency hich expressly authorizes the y� Local Agency to enter into this contract and to complete the work under the project B.A copy of this ordinance or resolution is attached hereto and incorp orated herein 9. This contract is executed under the authority of§§29-1-203,43-1-110;43-1-116,43-2- 101(4)(c)and 43-2-144,C.R.S.and Exhibit B. 1 Agency adequately staffed and suitably equipped to undertake and satisfactorily 10. The Loca g enc Y complete some or all of the Work. 11. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work restore gas line The Project or the Work under this contract r the relocation of the main electric feed to relocation;a four foot low pressure gas line relocation; ; and the relocation of one fiber optic line and two telephone lines in Pitkin County, Aspen; Colorado,as more specifically described in Exhibit A. Section 2. Order of Precedence In event of conflicts or inconsistencies between this contract in the s exhibng order conflicts flicts or inconsistencies sistencies shall be resolved by reference to the documents 1. Special Provisions contained in Section 28 of this contract 2. This contract 3. Exhibit A(Scope of Work) 4. Exhibit C (Funding Provisions) order of their attachment. 5. Other Exhibits in descending Section 3. Term This contract shall be effective upon approval of the completion S a State n oll fi or des g ee.of the The term of this contract shall continue through the Project by the State,FHWA and the Local Agency. Section 4. Project Funding Provisions al A ency has estimated the total cost of the work and or resolution duly passed and is prepared to accept the state A. The Local an a pp ro p riate ordinance for the work, as evidenced by which expressly authorizes the adopted by the authorized representatives of the Local Agency� Page 2 of 18 Local Agency to enter into this contract and to complete the work under a the proje t A copy of this ordinance or resolution is attached hereto and incorporated herein B.B. The maximum amount payable to the Local Agency set forth h amount hibit a C and is estimated to be $355,000.00 which is to be funded as follows,un less an appropriate written modification to this contract executed before any increased cost is incurred: State funds: $355,000.00 Total Funds: $355,000.00 C. It is understood and agreed by the parties that t ae design data as appr ed at thet me of hereinbefore is the best estimate available,ba sed on execution of this contract, and that such cost is subject to revisions (in and award.accord with the procedure in the previous sentence) agreeable to the parties prior for the D. The parties hereto agree that this contract contingent as applicableuShould theseesources fail to project herein being made available from state sources provide necessary funds as agreed upon herein,the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred bons of thisowing the State's review and approval of such charges, subject to the terms and coed Contract.Provided however,that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. ble of B. The State will reimburse the Local Agency's antl desclribed in Se tion 4. The Performance of the Work,not exceeding the maximum total m u applicable principles described in 49 C.F.R. 18 Subpart The Local Agency shall comply with all allowability and allocability of costs under this contract. principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1, in accordance with the provisions of Section 4 and with the terms and conditions of this contract; 2. necessary for the accomplishment of the Work; 3, reasonable in the amount for the goods and services provided; 4, actual net cost to the Local Agency(i.e.the price have the effect of redu refunds, ng the cost actually items of value received by the Local Agency that Page 3 of 18 5. incurred for Work performed after the effective date of this contract; 6. satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards(a separate set of accounts, or as a separate and integral part of its current accounting scheme)to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others,shall be supported by properly executed payrolls,time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency,which will detail the purpose for which said check or order is drawn.All checks,payrolls, invoices, contracts,vouchers, orders or other accounting documents shall be clearly identified,readily accessible, and to the extent feasible,kept separate and apart from all other such documents. D. If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows: 1. Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency as fail to pay moneys due the State the Local Agency may be agreed between the parties y 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. E. The Local Agency will prepare and submit to the State,no more than monthly,charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed,the dates 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 to be supplied by the State. F. To be eligible for payment,billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. Page 4 of 18 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,encumbered for the purchase of the described services.The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated,final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission,error,fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency,or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit E describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party"referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit E. A. Design [if applicable] 1. If the Work includes preliminary design or final design(the"Construction Plans"),or design work sheets, or special provisions and estimates(collectively referred to as the "Plans"),the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans,to the extent required by the nature of the Work. b. prepare final design(Construction Plans)in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO)manual or other standard, such as the Uniform Building Code,as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. Page 5 of 18 The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act(ADA), and applicable federal regulations and standards as contained in the document"ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided,however,that if federal-aid funds are involved in the cost of such work to be done by a consultant,that consultant contract(and the performance/provision of the Plans under the contract)must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied,the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format.Examples of the billing formats are available from the CDOT Agreements Office. (4) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference)for the design/construction of the project.The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the Page 6 of 18 State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." d. The State, in its discretion,will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. B. Construction [if applicable] 1. If the Work includes construction,the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials;performing required plant and shop inspections; documentation of contract payments,testing and inspection activities;preparing and approving pay estimates;preparing, approving and securing the funding for contract modification orders and minor contract revisions;processing contractor claims;construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. 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 contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer(LAPE),to perform that administration. The LAPE shall administer the project in accordance with this contract,the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s)to the low responsible bidder(s)upon approval by the State. Page 7 of 18 (1) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) by indicating its concurrence in such award,the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e.by force account),rather than by a competitive bidding process,the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B,Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency,the State and FHWA in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental,materials supplies and supervision necessary to complete the Work.Where actual costs are used,eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed,the State will sign a final acceptance form. 2. 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, Page 8 of 18 details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract Administration Checklist,Exhibit E,within the Work of this contract. Section 7. ROW Acquisition and Relocation If the Project includes right of way,prior to this project being advertised for bids,the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended(P.L. 91-646)and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended(49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition(3111 charges),relocation (3109 charges)activities, if any, and right of way incidentals(expenses incidental to acquisition/relocation of right of way—3114 charges); • Federal participation in right of way acquisition(3111 charges),relocation (3109 charges)but no participation in incidental expenses(3114 charges);or • No federal participation in right of way acquisition(3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above,the State retains oversight responsibilities.The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the local agency obtains title. Section 8. Utilities If necessary,the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company,which may become involved in this Project.Prior to this Project being advertised for bids,the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 9. Railroads Page 9 of 18 In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces,the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal- aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA.The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such improvements.The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications,and other written materials,which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3)years after the date of termination of this contract or final payment hereunder,whichever is later,or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect,review and audit the project records. Page 10 of 18 Section 13. 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 1 es delivered and accepted.epted. The Local Agency shall be compensation for any services and pp 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 es Agency for the puoses of due to the State from the Local mitigating Agency ismages until such time as the exact amoun t of damages determined. If after such termination it is determined, for any reason,that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience,as described herein. 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 t such funds or any part thereof are not available to the of such funds to the State.In the event that the State may immediately terminate or amend this contract. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures,by-laws,and/or applicable law to exercise that Page 11 of 18 authority,and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s)has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region 3 Director, 222 South 6th Street,Room 317, Grand Junction, Colorado 81501. 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 3 and the Local Agency. All communication,notices,and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: If to the Local Agency: Peter Lombardi Brian Pettet CDOT Region 3 Pitkin County 714 Grand Avenue Public Works PO Box 298 76 Service Center Road Eagle,CO 81631 Aspen, Colorado 81611 970-328-9962 970-920-5392 peter.lombardi @state.co.us brian.pettet @co.pitkin.co.us Section 16. Successors Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency.Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary,no term or condition of this contract shall be construed or interpreted as a waiver, express or implied,of any of the immunities,rights,benefits,protection,or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S.,as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of Page 12 of 18 the State of Colorado,its departments,institutions, agencies,boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract,the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term,provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term,provision,or requirement,or of any other term,provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion, or other amendment hereto shall have any force or effect whatsoever,unless embodied dment hereto shall have any force addition, deletion, or other amendment ce or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance,compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law,or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein.Except as provided above,no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Page 13 of 18 Section 24. Option Letters An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and/or tranfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A.Option to add a phase and/or increase or decrease the total encumbrance amount The State may require the Local Agency to begin a phase that may include Design, Construction,Environmental,Utilities,ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement,with the total budgeted funds remaining the same. The State may simultaneously increase and/or decrease the total encumbrance amount by replacing the original funding exhibit(Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State may exercise this option by providing a fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B.Option to transfer funds from one phase to another phase The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction,Environmental,Utilities,ROW Incidentals or Miscellaneous)to another as a result of changes to state, federal, and local match. The original funding exhibit(Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labled C-2, C-3, etc.)and attached to the option letter.The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty(30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D.Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99%of the original dollar amount of either phase affected by a transfer.A bilateral amendment is required for any transfer exceeding 24.99%of the original dollar amount of the phase affected by the increase or decrease. C.Option to do both Options A and B The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Page 14 of 18 'AV v. Section 25. Disputes Except as otherwise provided in this contract,any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after the date of receipt of a copy of such written decision,the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause,the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action.This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein.Nothing in this contract,however, shall be construed as making final the decision of any administrative official,representative,or board on a question of law. Section 26. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is$100,000 or greater, either on the Effective Date or at anytime thereafter,this §Statewide Contract Management System applies. Contractor agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System.Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of the Colorado Department of Personnel and Administration(Executive Director),upon request by the Department of Transportaion, and showing of good cause,may debar Contractor and prohibit Page 15 of 18 Contractor from bidding on future contracts. Contractor may contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,which may result in the reversal of the debarment and reinstatement of Contractor,by the Executive Director,upon showing of good cause. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 18 Section 27. SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL.CRS§24-30-202(1).This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY.CRS§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. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities, rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq.,as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR.Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.Contractor shall not have authorization,express or implied,to bind the State to any agreement,liability or understanding,except as expressly et forth proof herein.rein.Contractor when requested()y the)provide and keep (c) in force workers'compensation and unemployment compensation insurance in the amounts required by law,(b)provide be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or hereafter established, including,without limitation,laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this contract.Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract,to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED.The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.State or other public funds payable under this contract shall not be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.Contractor hereby certifies and warrants that,during the term of this contract and any extensions,Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.If the State determines that Contractor is in violation of this provision,the State may exercise any remedy available at law or in equity or under this 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/CONFLICT OF 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.Contractor has no interest and shall not acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. , 10. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to intergovernmental agreements]Subject to CRS§24-30-202.4(3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support arrearages;(b)unpaid balances of to x,'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 owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale of securities,investment advisory services or fund management services,sponsored projects,intergovernmental agreements,or information 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 underr this contract,through participation in the Ep-Verb Program or the Department program established pursuant to CRS§8-17.5-102(5)(c),Contractor shall not knowingly employ or contract within 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 contract with an alien to perform work under this contract.Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screenin ofjob 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 shall comply with all ofthe other requirements of the Department program.IfContractorfails 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. 12. 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 1-1-09 Page 17 of 18 Section 28. 1 SIGNATURE PAGE I THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY: STATE OF COLORADO: JOHN W.HICKENLOOPER,GOVERNOR By -5 Le Pitkin County 42/Timothy J.Harris,PE,Chief Engineer for Donald Hunt,Executive Director Department of Transportation 2000077 CD I Vendor Number /Ai+ / AP , • __, LEGAL REVIEW: Signature of Aut i orized 0 icer JOHN W.SUTHERS ATTORNEY GENERAL /yr(a A j LY By 4eoJe� ) Print Nam Title o Authorized Officer ..*-4", '17', LOCAL AGE lE' (A Local Agen y att,.tation is re I fired. '(. Attest(Seal)B, / .I/ ,_.,, / // (Tow ity/County Cl ) (Place Local Agency seal here,if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts.This contract is not valid until the State Controller,or such assistant as he may delegate,has signed it.The contractor is not authorized to begin performance until the contract is signed and dated below.If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J.MCDERMOTT,CPA ,/ 0 / •By: �° :.tom... . 1 /3 Date: 4. Page 18 of 18 . Section 27. I SPECIAL PROVISIONS I The Special Provisions apply to all contracts except where noted in italics. / 1. CONTROLLER'S APPROVAL.CRS§24-30-202(1).This contract shall not be valid until it has been approved by the Colorado State 'ontroller or designee. 2. FUND AVAILABILITY.CRS§24-30-202(5.5).Financial obligations of the State payable after the current fiscal year are continge upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,express.r implied,of any of the immunities, rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the Fede•.1 Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq.,as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR.Contractor shall perform its duties hereunder as an independent contractor and n I as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.Contractor and its employees and/:gents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such cp4erage for Contractor or any of its agents or e'..loyees.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such/coverage is made available by Contractor or a third pa • Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.Contractor shall not have author:.tion,express or implied,to bind the State to any agreement,liability or understanding,except as expressly forth herein.Contractor shall(a)provide and keep in force '•rkers'compensation and unemployment compensation insurance in the amounts required by law,(b)Provide proof thereof when requested by the State,and(c) be solely re •onsible for its acts and those of its employees and agents. 5. COMPL► NCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or hereafter established, including,without • itation,laws applicable to discrimination and unfair employment practices. 6. CHOICE OF L•W.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this contract.Any provision i luded or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by refe-nce which purports to negate this or any other Special Provision in'whole or in part shall not be valid or enforceable or available in any action at law,whether by way of co •laint,defense,or otherwise.Any provision rendered null and,void by the operation of this provision shall not invalidate the remainder of this contract,to the extent capab-of execution. 7. BINDING ARBITRATION ' 'OIHBITED.The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this contact or incorporate. •erein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIB ON.Governor's Executive Order D 002 00.State or other public funds payable under this contract shall not be used for the acquisition,operation,or maintenance of com.uter software in violation of federal copyright laws or applicable licensing restrictions.Contractor hereby certifies and warrants that,during the term of this contract an any extensions,Contracto as and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.If the State determines that Co'tractor is in violation this provision,the State may exercise any remedy available at law or in equity or under this contract,including,without limitation,immediate to •ination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONF►CT OF 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 hatsoever in the service or property described in this contract.Contractor has no interest and shall not acquire any interest,direct or indirect,that would conflict in an manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4. ot Applicable to intergovernmental agreements]Subject to CRS§24-30-202.4(3.5),the State Controller may withhold payment under the State's vendor offset interce: system for debts owed to State agencies for:(a)unpaid child support debts or child support arrearages;(b)unpaid balances of tax,accrued inter st,or other charges ec f ed in CRS§39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)amounts regjlired to be paid to the Une .loyment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. / 11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable .agreements relating to the offer,issuance,or sale of securities,investment advisory services or fund management services,spa sored projects,intergovernmental agreeme or information technology services or products and services]Contractor certifies, warrants,and agrees that it does not know'gly employ or contract with an illegal alien who 'll perform work under this contract and will confirm the employment eligibility of all employees who are newly hired '.r employment in the United States to .e orm wor nder this contract through participation in the E-Ver j Program or the Department program established pur• ant to CRS§8-17.5-102(5)(c),Contractor shall not know',•ly employ or contract with an illegal alien to perform work under this contract or enter into a contract wit a subcontractor that fails to certify to Contractor that the subc,'tractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ontractor(a)shall not use E-Verb Program or Department progra .rocedures to undertake pre-employment screening ofjob applicants while this contract is being per armed, (b)shall notes the subcontractor and the contracting State age v 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 terminal'. e subcontract ifa subcontractor does not stop employing or contracting with the illegal ien within three days of receiving the notice,and(d)shall comply with reasonable :.uests made in the course of an investigation,undertaken pursuant to CRS§8-17.5- 02(5),by the Colorado Department of Labor and Employment.If Contractor participates: he Department program,Contractor shall deliver to the contracting State agen ,Institution of Higher Education or political subdivision a written,notarized affirmation affirm''•that Contractor has examined the legal work status of such employee,and,hall comply with all of the other requirements of the Department program.If Contractor fails to co .ly with any requirement of this provision or CRS §8-17.5-101 at seq. the contracting State agency, institution of higher education or political subdivision may terminate s contract for breach and,if so terminated, Contractor shall.-liable for damages. 12. PUBLI CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18) -ars of age or older,hereby swears and a7 inns under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to fe.. al law,(b)shall comply with the pr. isions 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 q effective date of this contract. Revised 1-1-09 Page 17 of 18 Exhibit A—Scope of Work/Form 463 Scope of Construction Aspen Airport Pedestrian Crossing Utilities Project The Aspen Airport pedestrian project is an important multi-modal safety improvement with a goal to provide a safe grade-separated crossing for transit users,Business center employees and residents, airport employees and users and others to cross under SH 82. This project will also accommodate safer traffic flow by eliminating the pedestrian crosswalk at the SH 82/Baltic Avenue intersection.This phase will move the utilities to accommodate the construction of the underpass. The scope of the project includes: • Relocate 6"High Pressure Gas Line relocation • Relocate 4" Low Pressure Gas Line relocation • Relocate Main Electric Feed to Aspen • Relocate one Fiber Optic Line and Two Telephone Lines THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A—Page 1 of 4 Exhibit A—Scope of Work/Form 463 COLORADO DEPARTMENT OF TRANSPORTATION Date:0713012012 Project Code#(SAS):19247 I STIP#SR36607 DESIGN DATA Rv.Date: Pcojed#00821-101 Revision*:0 PE Project Code: Region#03 project Desaiption:Sit 82 AABC Pedestrian Underpass Page ltn3 Status: ® Preliminary ❑ Final ❑ Revised 097 Submitted By PM:LOMBARDIP I Approved by Pmgam Municipality:Aspen Date: System Code:N-NHS Non-Interstate Revised by: Oversight By:Delegated/State Administered planned Length: 2.000 Dale: Geographic Locafar SH 82 AABC PEDESTRIAN UNDERPASS Type of Terrain:Mountainous Description of Proposed Con tructrontlmprovement(Attach map showing site location) SH 82AABC PEDESTRIAN UNDERPASS UTILITY RELOCATION ©Project Characteristics(Proposed) Median(type): Isi Depressed ❑ Painted ® Raised ❑ None 0 Lighting n Handicap Ramps n Traffic Control Signals ❑ Striping ❑ Disband Gutter ❑ Curb Only ❑ tenTumSlots ❑ Continuous Width== n Sidwalk WiidBh n Beeeway Width f Right-Turn Slots n Continuous width Signing ® Construction ❑ Permanent ❑ parjrjux�Lane widFlu= ❑ D ❑ Other(description): ❑ Landscaping requirements(description) Right of Way Yes+No Est.# ©Utilities(Iistnamesof known utility companies) ROW Nor Penn.Easement Required No Unknown Relocation Required No Temporary Easement Required No Changes it Access: No Changes to Connecing Roads: No ©Railroad Crossings #of Crossing% Rte= Environmental Type: Approved On: I Project Code#Cleared Under: I Project#Cleared Under. © I P-CE Programmatic 0112812013 Comments: inCoordination ❑ Withdrawn Lands(Power Sites,Reservoirs,Etc)Cleared through BLM or Forest Service Office Irrigation Ditch Name: • New Traffic Ordinance Required ❑ Modify Schedule of Existing Ordinance Mu ncipality:Aspen Other: ©Construction Method I Advertised By: I Design: I Entity r Agency Contact Name: I # ill Safety Considerations I Project Under. Guardrail meets current strindards: No ❑ Variance in Minimum Design Standards Required ❑ Safety project not all standards Comments: ❑ Justification Attached ❑ Request to be Submitted addressed ❑ Bridge(see item 12) ❑ See Remarks ❑ Stage Construction(explain in remarks) 3R projects Safety Evaluation Complete(date): Exhibit A—Page 2 of 4 en E 1d 1 if247 I D 0821.101 11LWisi fills: I o Popp 2of3 PrdsCodrlMA* ROD UM Came A a.C.0 snow Einrrediy twiny dee tsPledMap IA=002A lea Ic= I0= IE= 'rhino C {9e1od Yew ADT 10000 p 2012 0KW 1900 v DPV%nubs 31 FuuroYear PUt 27360 d' 2032 DM 2786 .I'■ oily Lnoaflm ❑ inAniiii En Conninereki ❑ Intidenial ❑ Conenerdti ❑ Intuslriei ❑ C3011719Cid ❑ iEetuslFid in Cammedd ❑ tdtslrid ❑ Caneneriel ❑ itesaenoi ❑ arer ❑ Ileeclenrer ❑ 4ilter ❑ Ree:denrel ❑ finer ❑ ItealdsIel ❑ Omar ❑ iteeideurial ❑ Omer m 10 Rcadwly Close PAHA w O cn Refit 98.690 o FurnMtl1 96.6'30 . Furnfcnd ChsrifttsYon G Rielly type D 4 Run'Cole '" ®Design ith .mind I I idp I Poped I Whole Snead I I PTr +e droa I&, I Pretend I!Mole I Umbel I I P I Ullman I f I I r w Delon Vane Required( e Pans ere Identified TAD en'n is column S dwlga sedum with CDOTFa t A %ISM&Travel lanes 12 Meat Aft OMAN* $houf]er owl moms Maim Sped Cron 3btte Ilmreupersevsdn rale Aft Racks bin Hoi onld96D AFn.Viii II$SG Max era& Design DedelonLeder Required 4subItardsrdtlemsarel dunUBedwltvm•inlacolumidm wMh decision leder) Typical Seam"Pi e *dTuvulLem 24 _ - Sim Sense Del_i l - _ Modell Ytittt 16 - Peeled Speed 50 — Exhibit A—Scope of Work/Form 463 Page 303 ProJedCdde(SMJ Project lk Reitse Date: 19247 C B821-101 Major Structures 8-b slag,R-to he removed,P-proposed ItiVi struckne Reese Started Strnrbtre Sir:cue Hadmrdal %tether Year Shuctizei)# r Length Paird RAM Intersected Width Roadway Capacity Clearance Clearance Boot Proposed T eamerd O Bridgesta Remain tat Piace{address Midge rail,capacity,and ancroa le surfacing ihldrnese 1111 Remarks Scope organ Aspen AkpodPedestren Crossing i Mathes Project The Aspen Arport pedestrian projed Is an Imporoent matt medal rawly Improvement with a goad to provide a sake grade-separated massIngiortransdusers.Business center empioyeea and readmits.airportempioyees and users and Gettersta cross underSN82. This project wi&also acc®omad a sae trdtIIollow by eirrithatring the pedestrian crosswalk atthe Ski 8211Elatic Avenue tribesmen.Tats piase WU move the Aries to accommodate the construction aithe wideratass. The scope of the preeetirrctudes: Relocate 5'High Pressure Gee Line relocation Relocate 4'Law Precsore Gas Line reiocatlan Relocate Make Becht Feed to Aspen Relocate one fiber Optic Lire and Two Telephone Lines Exhibit A—Page 4 of 4 Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION(CDOT)TO UTILIZE STATE FUNDS TO RELOCATE UTILITIES IN CONJUNCTION WITH THE ASPEN AIRPORT BUSINESS CENTER(AABC)PEDESTRIAN TUNNEL AND AABC BUS RAPID TRANSIT STATION DEVELOPMENT PROJECTS RESOLUTION NO. NO -2013 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 3988, GL Acct. 4512000010,WBS Element or Cost Center 19247.10.20,(Contract Encumbrance Amount: $355,000.00). 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 Local Agency has requested that State funds be made available for project C 0821- 101 (19247),which shall consist of the utility phase for the SH82 AABC pedestrian underpass,referred to as the"Project"or the"Work." 5. The State has funds available and desires to provide 100%of the funding for the Work. 6. 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. 7. The Local Agency has estimated the total cost of 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 and to complete the work under the project. 8. This contract is executed under the authority of§§29-1-203,43-1-110; 43-1-116,43- 2-101(4)(c) and 43-2-144,C.R.S. 9. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 10. The Local Agency can more advantageously perform the Work. 1 NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County,Colorado that: the Chair of the Pitkin County Board of County Commissioners be authorized to sign the Intergovernmental Agreement with CDOT to utilize State funds to relocate utilities in conjuction with the Aspen Airport Business Center(AABC)Pedestrian Tunnel and AABC Transit Station Development Projects. INTRODUCED,READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 13th DAY OF MARCH 2013 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 27TH DAY OF MARCH, 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 3-/ Y ,2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE /Tit DAY OF 141 &, 2013. CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE a� DAY OF nt G�,� 2013. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE q ' DAY OF rn G,:�iGv 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS 0 By .J/ / I, Fl Jr∎ By ' I Jean/ e Jones ' ' George Newman , air Dep ity County Clerk ' L Date: S l APPROVED AS TO FORM: MANAGER APPROVAL AddlgrIP/AdllP John - itorney Jon Pea •c , ' ty anager • 2 Exhibit C—Funding Provisions A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be$355,000 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $0.00 ( %of Participating Costs) b. Local Agency Matching Funds $0.00 ( %of Participating Costs) c. State Matching Funds $355,000.00 (100%of Participating Costs) d Local Agency Matching for CDOT-Incurred Non-Participating Costs [AND/OR] Overmatch $0.00 (Including Non-Participating Indirects) TOTAL BUDGETED FUNDS $355,000.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 ( of Participating Costs) b. Local Agency Local Agency Share of Participating Costs $0.00 Non-Participating Costs(Including Non- Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted(1 a) $0.00 b. Less Estimated Federal Share of CDOT-Incurred Costs(2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $355,000.00 4 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount($355,000.00 divided by 100%) $355,000.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: WBS Element 19247.10.20 Utilities 3130 $355,000.00 WBS Element . . Const $0.00 Exhibit C—Page 1 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 0%federal-aid funds(CFDA #20.205)to 0%Local Agency funds,it being understood that such ratio applies only to the $355,000.00 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$355,000.00,and additional federal funds are made available for the Work,the Local Agency shall pay 100%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$355,000,then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be$355,000.00 unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available,based on the design data as approved at the time of execution of this Agreement,and that such cost is subject to revisions(in accord with the procedure in the previous sentence)agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than$500,000.00 from all funding sources 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 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than$500,000 The Local Agency 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. ii.Expenditure exceeding than$500,000-Highway Funds Only The Local Agency 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. iii.Expenditure exceeding than$500,000-Multiple Funding Sources The Local Agency 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. iv.Independent CPA Single Audit shall only be conducted by an independent CPA,not by an auditor on staff.An audit is an allowable direct or indirect cost. Exhibit C—Page 1 of 2 Exhibit D SAMPLE IGA OPTION LETTER NOTE: This option is limited to the specific contract scenarios listed below. Date: State Fiscal Year: Option Letter# Option Letter CMS Routing# Option Letter SAP# Original Contract CMS# Original Contract SAP# Vendor name: SUBJECT: A. Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY(does not apply to Acquisition/Relocation or Railroads)and to update encumbrance amounts(a new Exhibit C must be attached with the option letter and shall be labeled C-1,future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). B. Option to unilaterally transfer funds from one phase to another phase(a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C. Option to unilaterally do both 1 and 2 (a new Exhibit C must be attached with the option letter and shall be labeled C-1,future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). REQUIRED PROVISIONS.All option letters shall contain the appropriate provisions as follows: Option A(Insert the following language for use with the Option A): In accordance with the terms of the original Agreement(insert CMS routing#of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to add a phase that will include(describe which phase will be added and include all that apply—Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)and to encumber funds for the phase based changes in funding availability and authorization. The total encumbrance is now(select one:increased and/or decreased) by(insert dollars here).A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.). Option B(Insert the following language for use with Option B): In accordance with the terms of the original Agreement(insert CMS#of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved)to (describe phase to which funds will be moved)based on variance in actual phase costs and original phase estimates.A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following are NOTES only so please delete when using this option:future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc., and no more than 24.99%of any phase may be moved using this option letter. A transfer greater than 24.99%must be made using a formal amendment) Option C(Insert the following language for use with Option C): In accordance with the terms of the original Agreement(insert CMS routing#of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) add a phase that will include(describe which phase will be Exhibit D—Page 1 of 2 added and include all that apply—Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2)to encumber funds for the phase based on changes from federal, state, and/or local match;and 3)to transfer funds from (describe phase from which funds will be moved)to(describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates.A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option:future changes for this option for Exhibit C shall be labeled as follows:C-2, C-3, C-4, etc.). (The following language must be included on ALL options): The total encumbrance as a result of this option and all previous options and/or amendments is now (insert total encumbrance amount), as referenced in Exhibit(C-1, C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds)as referenced in Exhibit(C-I, C-2, etc., as appropriate)of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Agreement is not valid until signed and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If the Local Agency begins performing prior thereto,the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller David J. McDermott,CPA By: Date: Form Updated:June 12,2008 Exhibit D—Page 2 of 2 Exhibit E LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation(COOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT.The COOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. Exhibit D—Page 1 of 5 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No_ STIP No_ Project Code Region C 0821-101 SR 36607 19247 3 Project Location Date SH 82 Aspen Airport and Buisness Center MP 36.63 to 38.63 Project Description SH 82 AABC Pedestrian Underpass Utilities Local Agency Local Agency Project Manager Pitkin County Brian Pettet CDOT Resident Engineer COOT Project Manager Peter Lombardi TBD INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an"X"under the responsible party,opposite each of the tasks.The°X denotes the party responsible for initiating and executing The task.Only one responsible party should be selected.When neither CDOT nor the Local Agency is responsible for a task,not applicable(NA)shall be noted.In addition,a will denote that CDOT must concur or approve_ Tasks that will be performed by Headquarters staff will be indicated.The Regions,in accordance with established policies and procedures,will determine who will perform all other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer or the CDOT Project Manager,in cooperation with the Local Agency Project Manager,and submitted to the Region Program Engineer.If contract administration responsibilities change,the CDOT Resident Engineer,in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist_ RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP I STIP AND LONG-RANGE PLANS 2.1 I Review Project to ensure it is consist with STIP and amendments thereto I I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases(COOT Form 418-Federal-aid Program Data.Requires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5.1 Prepare Design Data-COOT Form 463 X 5.2 Prepare Local Agency/COOT Inter-Governmental Agreement(see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement X 5.4 Conduct Design Scoping Review Meeting X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review(FIR) X 5.7 Conduct Environmental Processes(may require FHWA concurrence/involvement) X 5.8 Acquire Right-of-Way(may require FHWA concurrencefuivaivement) X 5.9 Obtain Utility and Railroad Agreements X 5.10 Conduct Final Office Review(FOR) X 5.11 Justify Force Account Work by the Local Agency X 5.12 Justify Proprietary,Sole Source,or Local Agency Furnished Items X 5.13 Document Design Exceptions-COOT Form 464 X 5.14 Prepare Plans,Specifications and Construction Cost Estimates X 5.15 Ensure Authorization of Funds for Construction X Exhibit D—Page 2 of 5 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X Construction Contracts(COOT Region EEO/Civil Rights Specialist) 6.2 Determine Applicability of Davis-Bacon Act X This project 0 is ®Is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location(Projects located on local roads and rural minor collectors may be exeng t) Peter Lombardi 12/12/12 COOT Resident Engineer(Signature on Ale) Date 6.3 Set On-the-Job Training Goals.Goal is zero if total construction is less than$1 million(COOT X Region EEO/Civil Rights Specialist) 6.4 The VI Assurances Ensure the correct Federal Wage Decision,all required Disadvantaged Business EnterpriselOn-the JobTraining special provisions and FHWA Form 1273 are included in the Contract(COOT Resident Engineer) X ADVERTISE,BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X 7.2 Advertise for Bids X 7.3 Distribute Advertisement Set'of Plans and Specifications X 7.4 Review Woricsite and Plan Details with Prospective Bidders While Project Is Under X Advertisement 7.5 Open Bids X 7-6 Process Bids for Compliance Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet X DBE goals Submit required documentation for COOT award concurrence X 73 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract x 7.10 Provide Award"and°Record'Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X 8.2 Project Safety X 8.3 Conduct Conferences: Pre-Construction Conference(Appendix B) X Pre-survey X • Construction staking X • Mcmnumentation Partnering(optional) X Structural Concrete Pre-Pour(Agenda is in CDOT Construction Manual) X Concrete Pavement Pre-Paving(Agenda is in COOT Contraction Manual) X HMA Pre-Paving(Agenda is in COOT Construction Manual) X Him Develop and distribute Public Notice of Planned Construction'to media and local residents X Supervise Construction A Professional Engineer(PE)registered In Colorado,who will be in responsible charge of construction supervision' Pitkin County Designee Local Agency Professional Engineer or Phone number X CDOT Resident Engineer Exhibit D—Page 3 of 5 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT Provide competent,experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X Construction inspection and documentation X 8.6 Approve Shop Drawings X X 8.7 Perform Traffic Control Inspections X 8.8 Perform Construction Surveying X 8.9 Monument Right-of-Way X 8.10 Prepare and Approve interim and Final Contractor Pay Estimates X Provide the name and phone number of the person authorized for this task_ Brian Pellet 970-920.5392 Local Agency Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local Agency Reimbursement Requests X 8.13 Prepare and Authorize Change Orders X X 8.14 Approve All Change.Orders X 8.15 Monitor Project Financial Status X 8.16 Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and Disputes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X Peter Lombardi or Designee 970-376-6707 CDOT Resident Engineer Phone number MATERIALS 9.1 Conduct Materials Pre-Construction Meeting X 9.2 Complete CDOT Form 250-Materials Documentation Record • Generate form,which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project • Update the form as work progresses X • Complete and distribute form after work is completed X 9.3 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory Verification Tests X 9.5 Accept Manufactured Products X Inspection of structural components: • Fabrication of structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices(0"to 6°or greater) X • Fabrication of bearing devices X 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing(QAT),Local Agency Procedures®COOT Procedures❑ • Generate EAT schedule X • Schedule and provide notification X • Conduct IAT X 9.8 Approve mix designs • Concrete X X • Hot mix asphalt X X 9.9 Check Final Materials Documentation X X 9.10 Complete and Distribute Final Materials Documentation X Exhibit D—Page 4 of 5 • • CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE X 10.1 Fulfill Project Bulletin Board and Pre-Constnuton Packet Requirements 10.2 Process CDOT Form 205-Sublet Permit Application X Review and sign completed CDOT Form 205 for each subcontractor,and submit to EEO/CM Rights Specialist X 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete COOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X °Commercially Useful Function"Requirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.Complete COOT Form 200- X OJT Training Questionnaire 10.6 Check Certified Payrolls(Contact the Region EEO/Civil Rights Specialists for training requirements.) X X 10.7 Submit FHWA Form 1391-Highway Construction Contractor's Annual EEO Report FINALS X 11.1 Conduct Final Project Inspection.Complete and submit CDOT Form 1212-Final Acceptance Report(Resident Engineer with mandatory Local Agency participation) X 11.2 Write Final Project Acceptance Letter X 11.3 Advertise for Final Settlement X 11.4 Prepare and Distribute Final As-Constructed Plans X 11.5 Prepare EEO Certification 11.6 Check Final Quantities,Plans,and Pay Estimate;Check.Project Documentation;and submit X Final Certifications X 11.7 Check Material Documentation and Accept Final Material Certification(See Chapter 9) X 11.8 Obtain COOT Form 17 from the Contractor and Submit to the Resident Engineer 11.9 Obtain FHWA Form 47-Statement of Materials and Labor Used.... from the Contractor X X 11.10 Complete and Submit COOT Form 1212—Final Acceptance Report(by CDOT) X 11.11 Process Final Payment X 11.12 Complete and Submit COOT Form 950-Project Closure X 11.13 Retain Project Records for Six Years from Date of Project Closure X X 11.14 Retain Final Version of Local Agency Contract Administration Checklist cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CBOT Contracts and Market Analysis Branch Local Agency Project Manager Exhibit D—Page 5 of 5