HomeMy WebLinkAboutresolution.council.088-01
RESOLUTION NO. ~8
(Series of2001)
A RESOLUTION APPROVING AN INTER GOVERNMENTAL CONTRACT FOR DESIGN
AND CONSTRUCTION OF THE TRAFFIC SIGNAL AT THE INERSECTION OF MAIN
STREET/HIGHWAY-82 AND GALENA STREET, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council an intergovernmental contract
between the City of Aspen, Colorado and Colorado Department pfTransportation, a copy of which
contract is annexed hereto and made a part thereof.
WHEREAS, a preliminary design has been prepared by CDOT's retained design consulting
engineering firm.
WHEREAS, the final project design may be completed by the same consultant retained by
CDOT, to include preparation of all necessary construction documents.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council ofthe City of Aspen hereby approves the contract between the City of
Aspen, Colorado, and Colorado Department of Transportation, regarding the traffic signal proj ect, a
copy of which is armexed hereto and incorporated herein, and does hereby authorize the City
_.ga to ~U;;::;,n behalf of the City of Aspen.
Dated: ' ..;)-1,2001.
I, Kathryn S. Koch duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy 0 t resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held :2001.
IIo:t 4;J&
Kathryn sWlerk -
RES-2001-03
,
,-",.
DEPARTMENT OF TRANSPORTATION
MEMORANDUM
~
,
Center for Procurement
4201 E. Arkansas Avenue, Room 150
Denver, Colorado 80222
FAX (303) 757-9669
Ol;P,6.RTMENT OF TRANSPORTATION
DATE:
September 13,2001
TO:
CITY OF ASPEN
STATE OF COLORADO
130 SOUTH GALENA STREET
ASPEN, CO 81611
SUBJECT: C M045-003
Please find enclosed a copy/original of the referenced contract for your records.
NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED
HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION\
REPRESENTATIVE.
Copies/original of this contract have been distributed this date to the following:
. CDOT Files
. Business/Headquarters Staff Manager
. Vendor/Government agency
. CDOT Representative
Sincerely,
~\
~
Kim Tieman
Administrative Assistant
Center for Procurement Services
(303) 757-9236
.. -,
'"
,
"
,
,
(ST$/LA WRK)
C M045-003 (13871)
AspenIR-3 (NSO)
Rev. 2/00
02 HA3 00013
CMS ID 02-038
CONTRACT
THIS CONTRACT, made this Jd.-.Yrh day of SEf~fr , 20Ql, 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 CITY OF ASPEN,
STATE of COLORADO, 130 South Galena Street, Aspen, CO 81611, FEIN: 846000563, 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 ofproject
and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991,
Program 2000, Function 3301, Object 2312 IN, Reporting Category 3800, Contract Encumbrance
Number 13871, (Contract Encumbrance Amount: $150,000.00).
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 anticipates a project for traffic signal installation and by the date of execution
of this contract the Local Agency (and/or the State) has completed and submitted a preliminary
version ofCDOT form #463 describing the general nature of that project work. The Local Agency
understands that, before the project work is actually started, the description of the project work in
that CDOT form #463 will likely be revised as a result of design changes made by CDOT, in
-1-
\,
,
,
conjunction and coordination with the Local Agency, in its internal review process. The Local
Agency desires to agree to perform the project work as described in the Form #463, as it may be
revised in that Process.
5. The Local Agency has requested that State funds be made available for project C M045-003 for
design and construction for installation of a new traffic signal at the intersection of State Highway 82
and Galena Street in Aspen, Colorado, as more specifically described in Exhibit A, attached hereto
and made a part hereof (The Form #463 and/or a "Scope ofW ork) and hereinafter referred to as "the
project" or "the work".
6. The State has funds available and desires to provide 100% ofthe funding for the work.
7. The Local Agency desires to comply with all state and other applicable requirements, including
the State's general administration of the project through this contract, in order to obtain state funds
for the proj ect.
8. 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. 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.
10. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
12. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the work.
13. The State certifies that such work can be more advantageously performed by the Local Agency.
NOW, THEREFORE, it is hereby agreed that:
-2 -
,.
.
,
I. PROJECT DESCRIPTION
"The project" or "the work" under this contract shall consist of design and construction for
installation of a new traffic signal at the intersection of State Highway 82 and Galena Street in
Aspen, Colorado, as more specifically described in the Exhibit A (the Form #463 and/or a "Scope of
Work") as it may be revised by the parties in the design review process before the project work is
actually started.
II. INCORPORATION BY REFERENCE
All applicable state statutes, regulations, specifications, administration checklists, directives,
procedures, documents, and publications that are specifically identified and/or referenced in this
contract, together with all exhibits and attachments and addenda to this contract, are incorporated
herein by this reference as terms and conditions of this contract as though fully set forth.
III. WORK RESPONSIBILITY
The Local Agency shall be responsible to perform all design and/or right of way and/or utility and/or
construction and/or construction administration tasks needed to complete the work, and the Local
Agency shall comply with all applicable terms and conditions of this contract in performing the
work. The responsible party shall perform all such tasks in accordance with applicable requirements
and standards, including those in this contract and in applicable law.
o
IV. PROJECT FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the work to be $230,000.00 which is to be
funded as follows:
a. State funds: $150,000.00
b.
Local Agency funds:
Total Funds:
$ 80,000.00
$230,000.00
B. The maximum amount payable to the Local Agency under this contract shall be
$150,000.00, unless such amount is increased by an appropriate written modification to this contract
-3-
~
.
"'
executed before any increased cost is incurred. It is understood and agreed by the parties hereto that
the total cost of the work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
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.
V. PROJECT PAYMENT PROVISIONS
A. The State will reimburse the Local Agency for incurred costs relative to the project
following the State's review and approval of such charges, subject to the terms and conditions of this
contract. Provided, however, that charges incurred by the Local Agency prior to the date this
contract is executed by the State Controller will not be charged by the Local Agency to the project,
and will not be reimbursed by the State.
B. The Local Agency will prepare and submit to the State monthly 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. Charges incurred by the Local Agency prior to the date of this agreement will not be
charged to the project.
VI. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Director, Region 3, 222 South Sixth Street, Room 317, Grand Junction, Colorado 81501
(970)-248-7225. Said Region Director will also be responsible for coordinating the State's
activities under this contract. Said Region Director will also issue a "Notice to Proceed" to the \
Local Agency for commencement of the Work. All communication relating to the day-to-day
-4-
~
"
activities for the work shall be exchanged between representatives ofthe State's Transportation
Region 3 and the Local Agency. Until changed by notice in writing, all routine correspondence
shall be addressed as follows:
Ifto the State:
Mr. Jim NaIl
CDOT Region 3
222 South 6th Street, Room 100
Grand Junction, CO 81501
(970) 248-7213
If to the Local Agency
Mr. Nick Adeh
City of Aspen
130 South Galena
Aspen, CO 81611
(970) 920-7476
B. The State will reimburse the Local Agency for the incurred costs relative to the work, as
provided in Section V(A).
C. If the work includes construction, the State will review construction plans, special
provisions and estimates and will cause the Local Agency to make those changes therein that the
State determines are necessary to assure compliance with State requirements.
D. The State will perform a final project inspection prior to project acceptance as a Quality
Control! Assurance activity. When all project work has been satisfactorily completed, the State will
sign a final acceptance form.
E. The State will maintain and operate the improvements constructed under this
contract, at its own cost and expense during their useful life, except that the Local Agency shall be
responsible for the replacement of the customized signal pole(s) and mastarm( s). Such maintenance
and operations shall be in accordance with all applicable statutes and ordinances, and regulations
promulgated thereunder, which define the State's obligation to maintain such improvements.
VII. LOCAL AGENCY COMMITMENTS
A. DESIGN.
If "the Work" includes preliminary design, or final design (a.k.a. "construction plans"), or design
work sheets, or special provisions and estimates (collectively referred to as "the Plans"), the party
that is responsible under Section III (either the Local Agency or the State) for the Plans\design shall
comply with the following requirements, as applicable:
-5-
I. perform or provide the Plans, to the extent required by the nature of the Work.
2. 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.
3. prepare special provisions and estimates in accord with the State's Roadway and Bridge
Design Manuals and Standard Specifications for Road and Bridge Construction.
4. 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.
5. stamp the Plans produced by a Colorado Registered Professional Engineer.
6. if the Local Agency is the responsible party, it shall afford the State ample opportunity to
review the Plans and make any changes in the Plans as directed by the State to comply with
FHW A requirements.
7. provide final assembly of the Plans and contract documents.
8. be responsible for the Plans being accurate and complete.
9. ifthe Local Agency is the responsible party, 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 to participate in the cost of such work to be done by a
consultant, the Local Agency shall ensure that its procurement of that consultant contract
(and the performance/provision of the Plans under that contract) complies with all applicable
requirements of Title 23, Code of Federal Regulations (CFR), Part 172, (concerning the
Administration of Engineering and Design Related Service Contracts), and with any
procedures implementing those requirements as provided by the State, including those in
attachment #1. Those requirements and procedures include, without limitation:
a) the Local Agency/Contractor shall submit any design consultant subcontract to CDOT
for approval prior to its execution by the Local Agency/Contractor, as required by section
172.5 (d);
b) all changes in the contract shall be by written supplemental agreement and must have
prior approval of the State and FHW A. As soon as the contract with the consultant has been
-6-
,
;
awarded by the Local Agency, one copy of the executed contract shall be submitted to the
State. Any amendments to such contract shall be similarly submitted;
c) all consultant billings under that contract shall comply with the State's standardized
consultant billing format. Examples of the billing formats for the various methods of
contract payment are attached hereto and made a part hereof;
d) the Local Agency/Contractor shall also use the CDOT procedures as described in
Attachment #1 to administer that design consultant subcontract, to comply with sections
172.5(b) and (d);
e) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, may also submit a letter to CDOT certifying Local
Agency/Contractor compliance with those CDOT Attachment #1 procedures and with the
requirements of sections 172.5(b) and (d).
f) the Local Agency shall ensure that its consultant contract contains the following
language verbatim:
I) "The design work under this contract shall be compatible with the requirements of
a separate 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."
2) "Upon advertisement of the project work for construction, the consultant shall
make available services as requested by the State to assist the State in the evaluation
of construction and the resolution of construction problems that may arise during the
construction ofthe project."
3) "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."
1 O. Following award of the construction contract( s) for the proj ect, no further changes shall
be made in the Plans except by agreement in writing between the parties. The Plans shall be
-7-
~ -.
considered final when approved and accepted by the parties hereto, and when final they shall
be deemed incorporated herein.
B. CONSTRUCTION.
If "the Work" includes construction, the party that is responsible under Section III (either the Local
Agency or the State) for the construction/construction administration shall comply with the
following requirements, as applicable:
I. administer the construction in accord with the terms herein. 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 (CMOs) and minor contract revisions (MCRs);
processing contractor claims; construction supervision; and, meeting the Quality Control
(QC) requirements of the FHWAlState stewardship program, all as more fully described in
the project's Pre-construction and Contract Administration Checklists.
2. if the Local Agency is the responsible party, 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
agreement, the requirements of the construction contract, and applicable State procedures.
The LAPE may be an employee of the Local Agency or may be a consultant. If the LAPE is
an employee of the Local Agency, the LAPE shall be in responsible charge of the
construction of the project (as provided in Section 12-25-102 C.R.S. as amended),
notwithstanding any exception described in Section 12-25-103, C.R.S., as amended.
3. if the Local Agency is the responsible party, and if bids are to be let for the construction
ofthe project, the Local Agency shall (in conjunction with the State) advertise the call for
bids and (upon concurrence by the State) award the construction contract(s) to the low
responsive, responsible bidder( s).
a) In advertising and awarding the bid for the construction of a federal-aid project, the
Local Agency shall comply with applicable requirements of23 U.S.C. S 112 and 23 C.F.R.
-8-
..
,
~ ~ 633 and 635. Those requirements include, without limitation, that the Local
Agency/Contractor shall physically incorporate the entire "Form 1273" (which, ifrelevantto
this contract, is attached) verbatim into any subcontract(s) for those services as terms and
conditions thereof, as required by 23 CFR 633.102(e).
b) The Local Agency has the option to accept or reject the proposal of the low bidder for
work on which competitive bids have been received. The Local Agency must declare the
acceptance or rejection at the award conference or within 3 working days after said bids are
publicly opened, whichever occurs later.)
c) By indicating its concurrence in such award at the award conference, 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
proj ect.)
4. In the event that all or part of the construction work is to be accomplished by Local
Agency personnel (i.e., by "force account"), rather than by a contractor pursuant to a contract
with the Local Agency, the Local Agency will insure that all such force account work is
accomplished in accordance with the pertinent State specifications and requirements and with
23 C.F.R. Part 635, Subpart B, "Force Account Construction".
a) Such work will normally be based upon estimated quantities and firm unit prices
agreed to between the Local Agency, the State and the FHW A in advance of the Work, as
provided for in Section 635.204( c). Such agreed unit prices shall constitute a commitment
as to the value of the Work to be performed.
b) An alternative to (a) is that the Local Agency may agree to participate in the Work
based on actual costs oflabor, 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 Federal Acquisition Regulations (FAR), 48 C.F.R. Part 31.
c) Rental rates for publicly owned equipment will be determined in accordance with
Section 109.04 ofthe State's "Standard Specifications for Road and Bridge Construction".
-9-
. -"
d) All force account work shall have prior approval of the State and/or FHW A and shall not
be initiated until the State has issued a written notice to proceed.
C. ROW ACQUISITION/RELOCATION.
If acquisition and relocation assistance is required for the project, the Local Agency will be
responsible to perform the acquisition and relocation assistance, as required by Sections 24-56-101,
et seq., C.R.S. Prior to this project being advertised for bids, the Local Agency 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.
D. UTILITIES.
The Local Agency will be responsible for obtaining the proper clearance or approval from any utility
company which may become involved in this project, by separate agreement between the Local
Agency and the utility, ifnecessary. Prior to this project being advertised for bids, the Local Agency
will certify in writing to the State that all such clearances have been obtained.
E. RECORDKEEPING.
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 3 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.
F. SIGNAL POLE AND MASTARM REPLACEMENT
The Local Agency shall be responsible for any future replacement ofthe customized signal pole(s)
and mastarm(s) installed as part of the work.
VIII. 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.
-10-
~ <r
~
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.
(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.
-11-
- ..
"
(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 hereofbe 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.
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.
-12-
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 ofthis 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 fmal 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.
1. 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. Thiscontractprope~
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.
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.
-13-
.
"
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.
-14-
.,
.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first above written.
ATTEST:
STATE OF COLORADO
BILL OWENS, GOVERNOR
BY~~
Chief Clerk
. Blcrij_a~6-- ~~
~ExecutIve DIrector
DEPARTMENT OF TRANSPORTATION
APPROVED:
ARTHUR L. BARNHART
State Controller
KEN SALAZAR
Attorney General
By
ATTEST: (SEAL)
CITY OF ASPEN, COLORADO
BY~~
Till: ~ _
By J4;L t# ~
Title C 1~'7 /'7 ~
Federal Employer Identification
]\/urnber:846000563
-15-
. , ~"",), "
tolorado D~partment of Transportation Origin Date: 07/30/2001 Project code: 13871 I STIP number. R35018
-DESIGN DATA Revise Date: Project number: C M045-003
PE Proiect Code PE Pr.QLect Number
o Metric o English Revision #: .... " I' I II 1""\ I..... A
Page 1 Region: 03 r- JLnlnl I M
Status: 0 preliminary . final o revised . -,... ..-. ---,,-,.
Project description: GALENA STREET SIGNAL
Prepared by: Revised by: County1 : Pitkin I County2: I County3:
David C. M111er
Date: 07/30/2001 Date: Municipality: Aspen
Submitted by Proj.Mgr ~re~tion Engine;r;.-.... System code: 0 1M o NHS . STP o OTHER
~~ "fl-- ~:/;. Jd//W/ , OVersight: . CPOT o FHWA o OTHER
Planned length: 0.1
Geographic location: -
ON SH 82 IN TIIE CITY OF ASPEN.
Terrain type: 0 Level o Plains o Rolling . Urban o Mountainous
Description of proposed construction/improvement (attach map showing sne lOcation)
INSTALL A NEW CUSTOM DESIGN SIGNAL AT Tli\E INTERSECTION OF SH 82 AND GALENA SlREET
Traffic (Note: use columns A, B, and/or C to identify facility described below)
Current year. Future year.
Facility location
Facility ADT DHV DHV % trucks ADT I DHV IndustriallCommercial Residential Other
A I 0 I 0 0 0
B I 0 I 0 0 0
c I I 0 I 0 0 I 0
RdwyClass Route Refpt Endrefpt Functional classification Facility type Rural code
1. 082A 41.22 41,23 Principal Arterial Undivided 5,000 - 49,999
2.
3.
Design Slanclards (Identify substandard items with a checkmark in 1st column and clarify in remarks)
A= B= C=
Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed UUimate
0 Surface type
0 Typical section type
0 # of travel lanes
0 Width of travel lanes
0 Shoulder wd. It/median
0 Shoulder wd rt.loutside
0 Side slope dist ("z")
0 Median width
0 Posted speed
0 Design speed
0 Max. superefevation
0 Min. radius
0 Min. horizontal ssd
0 Min. vertical ssd
0 Max. grade
Project under 0 1 R 03R 04R . Other: Safety criteria Existing guardrail meets current standards: 0 Yes o No
Variance in minimum design standards required 0 Yes 0 No o Safety project Comments:
o JU$tification attached 0 Request to be $ubmitted Not all standards
o Bridge (see item 4) o See remarks addressed
I Stage construction
Resurfacing projects ,
LO_ Recommendations concerning safety aspects attached
, ,.. .', .
Page 2 I Project Code: 13871 I Prpject Number: C MQ45-003 I Revise Date:
II Major stnictures I
1S=to stay, R=to be removed, P=proPOSed new structure Standard Structure Horizontal Vertical Year
>10# I Lenath Ref. Point Featunelntersected Width Rdwy Load Clearance Clearance Built
Proposed treatment of bridges to remain in place (address bridge rail, capacity, and allowable surface thickness)
Project Characteristics (proposed) Median type: 0 depressed 0 painted o raised o none
Lighting r- Handicap ramps " Traffic control signals ilStriping
Curb and gutter Curb only Left-tum slots I I continuous width:
Sidewalk width: Bikeway width: Right-tum slots I I continuous width:
Parking lane width = Detours Signing: 1,7J construction il permanent
Landscape requirements: (description) Other: (description)
iii Right of Way Ves No Est No. Utilities (list names of known utility companies)
ROWand/or perm. easement required: 0 . Unknown at this time.
Re/ocation required: 0 .
Temporary easement required: 0 .
Changes in access: 0 .
Changes to connecting rOads: 0 .
EJRailroad crossings # of crossings:
Agreements
Railroad Name required Present protection Cond~ion of x'ings
1 LJ
2 0
3 0
4 0
Recommendations:
~nvlronmental
Type:
Comments:
~COOrdlnatiOn [ Irrigation ditch nal1;le:
Withdrawn lands (power sites, reselVoirs, etc.) cleared through BLM forest service office
New traffic ordinance required I J Modify schedule of existing ordinance I MUnicipality:
Other:
Construction method noAdReasan: 0 Design o Local F/A
Advertised by: o State o P.O. o RR F/A Entity/Agency contact name:
. Local o Study o Utility F/A Phone number:
o None o COOT F/A o Miscellaneous
Remarks (Include additional pages if needed)
This is a safety project to install a custom design traffic signal at the intersection of SH 82 and Galena Street.
. 0 -
0 0 a..
!
. 0
=
. .
.
.~
.
.
>,
=liz~
.
.
.
.
<.
!!'
,
+
. .
t'
.
~O'".~c... .
.
,
>-
I-
Z
::)0
o~
00::
o
...J
o
U
" <l>
z
-
~
I-
"
!jf!
<:-1
'i;J
I'
~
t!i
i
.~
g z
" 0
(I)~ 52
~5 ~ ~ ~
:tUu; Ocr
G~ ~ 1IIg;t;
i: Q~zz~
W%l:oo:(_..;
III "-I- 0 ..cr...";;
""O~:i; ~
~!z'f:~~>-~N
~. 1LlU) Q: ~ c:t
:~~O~~~loI
~!:~~g~g;f
.. -(!) u ""':1: '-'
frii ~ !~-JV>
o Z "Ie:(
lUu- Z 0. a:
1-0", WlIJ
~z~ ~e '0
U)2 U)~
~ ::i
>
is
.
.
~
~
~~
'"
~
o
~
5-;;
~ '
o
".
'"
~
. ~
o
.
,
~,
10
co
Ii
. ~
'"
. "
~
.
o 0
-~
.
RESOLUTION NO. ~8
EXHIBIT B
(Series of2001)
A RESOLUTION APPROVING AN INTER GOVERNMENTAL CONTRACT FOR DESIGN
AND CONSTRUCTION OF THE TRAFFIC SIGNAL AT THE INERSECTION OF MAIN
STREET/HIGHW A Y-82 AND GALENA STREET, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, ,there has been submitted to the City Council an intergovernmental contract
between the City of Aspen, Colorado and Colorado Department pfTransportation, a copy of which
,contract is annexed hereto and made a part thereof.
WHEREAS, a preliminary design has been prepared by CDOT's retained design consulting
engineering firm.
WHEREAS, the final project design may be completed by the same consultant retained by
CDOT, to include preparation of all necessary constrllction documents.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby.approves the <;ontract between the City of
Aspen, Colorado, and Colorado Department of Transportation, regarding the traffic signal project, a
copy of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute 'd contract on behalfofthe City of Aspen.
Dated:
,2001.
I, Kathryn S. Koch duly appointed and acting City Clerk do certify that the foregoing is a tme and
accurate copy 0 t resolution adopted by the City Council ofthe City of Aspen, Colorado, at a
meeting held 2001.
Ii:~./k
Kathryn S. K ,City lerk .,
RES-200\.OJ
. ~
~
ATTACHMENT #1
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT
AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 code of Federal Regulations (CFR) 172 applies to a federally funded
local agency project agreement. administered by COOT that involves professional
consultant services. 23 CFR 172 and 23 CFR 172(d) state that, "when federal-
aid highway funds participate in the contract a local shall use the same
procedures as used by the State to administer contracts ...". Therefore,
local agencies must comply with this CFR requirement and the following state
procedures when obtaining professional consultant services under a federally
funded consultant contract administered by COOT.
COOT has formulated its procedures in procedural Directive (P.O.) 400.1 and
the related operations ~uidebook titled "obtaining professional Consultant
services". This directlve and ~uidebook incorporate requirements from both
Federal and State regulations, l.e., 23 CFR 172 and colorado Revised Statute
(C.R.S.) ,24-30-1401 et seq. copies of the directive and the guidebook may be
obtained upon request from COOT's Agreements and Consultant Management Unit.
[Local agencies should have their own written procedures on file for each
method of procurement that addresses the items in 23 CFR 172.5(b)(1-6)].
Because the procedures and laws described in the Procedural Directive and the
guidebook are quite lengthy, the subsequent steps serve as a short-hand guide
to COOT procedures that a local agency must follow in obtaining professional
consultant services. This guidance follows the format of 23 CFR 172. The
steps are:
1. The contracting local agency shall document the need for obtaining
professional services.
2. Prior to solicitation for consultant services, the contracting local
agency shall develop a detailed scope of work and a list of evaluation
factors and their relative importance. The evaluation factors are those
identified in C.R.S. 24-30~1403. Also, a detailed cost estimate should
be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with
the requirements of C.R.S. 24-30-1405. The public notice period, when
such notice is required, is a minimum of 15 days prior to the selection
of the three most qualified firms and the advertising should be done in
one or more daily newspapers of general circulation.
4. The request for consultant services should include the scope of work, the
evaluation factors and their relative importance, the method of payment,
and the goal of ten percent (10%) Disadvantaged Business Enterprise (DBE)
participation as a minimum for the project.
5. The analysis and selection of the consultants should be done in
accordance with C.R.S. 24-30-1403. This section of the regulation
identifies the criteria to be used in the evaluation of COOT pre-
qualified prime consultants and their team. It also shows which criteria
are used to short-list and to make a final selection.
The
a.
b.
c.
d.
e.
short-list is based on the following evaluation factors:
Qualifications,
Approach to the project,
Ability to furnish professional services.
Anticipated design concepts, and
Alternative methods of approach for furnishing the professional
services.
-16-
.
6.
Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
c. willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. volume of previously awarded contracts, and
g. Involvement of minority consultants.
under 24-30-1401. cost shall not be considered as a factor in the
evaluation of orofessional consultant services.
Once a consultant is selected, the local agency enters into negotiations
with the consultant to obtain a fair and reasonable price for the
anticipated work. pre-negotiation audits are prepared for contracts
expected to be greater than $50,000. Federal reimbursement for costs are
limited to those costs allowable under the cost principles of 48 CFR 31.
Fixed fees (profit) are determined with consideration given to size,
complexity, duration, and de~ree of risk involved in the work. Profit is
in the range of six (6) to flfteen (15) percent of the total direct and
indirect costs.
A qualified local agency employee shall be responsible and in charge of
the project to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of the
contract. At the end of project, the local agency prepares a performance
evaluation (a COOT form is available) on the consultant.
Each of the steps listed above is to be documented in accordance with the
provisions of 49 CFR 18.42, which provide for records to be kept at least
three (3) years from the date that the local agency submits its final
expenditure report. Records of projects under litigation shall be kept
at least three (3) years after the case has been settled.
The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR part 172, and P.O. 400.1,
provide additional details for complying with the eight (8) steps just
discussed.
7.
8.
-17-
.
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 fifty 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, dury execute and deJiverto 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 on&-half of the total amount payable by theterrils of this contract. Such bond shallbe dury 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 Contractoror
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 orcashler's check ora 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 attomey fees incurred as a result of any act or omission by the contractor, or its
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 24-34-4(2), and as required by Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto,:the foJfowing provisions shall be contained inaJf State contracts or subcontracts.
During the pelformance 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 shallinctude, but not be limited to the
following: employment upgrading, demotion, or transfer,. recruitment or recruitment advertisings; lay-offs or terminations; rates of payor 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..(1iscrimination 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 orworkers'representatiVe of the Contractor's commitment underthe
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 furnish 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 Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and
orders.
(e) A labor organization wilt 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, eitherdirectly
or indirectly, to commit any act defined in this contract to be discriminatory.
(g) In the event of the Contractor's 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 andthe rules, regulations, or orders
promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provideo 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 ExecutiveOrder, .Eqtial Opportunity and Affirmative Action of April 16, 1975, so that such provisions witt be
-18-
.",-.
.
binding upon each subcontractor or vendor. The ContractorwiU 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 eventthe Contractor
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 & 102 for preference of Colorado labor are appticabJeto 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
bidder from a State or foreign country equal to the preference given or required by the State orforeign 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 ofthe State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of
this contract My provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person
orwhich 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 orin part shall be valid or enforceable or available in any action at law
whether by way of complaint, defense, or otherwise. Any provision rendered nuJI 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 aU 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 arrearages; (b) unpaid balance of tax, acaued interest, or other charges specified in Article 21, Tltle39, CRS; (c) unpaid
loans due to the student loan division of tile 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 selVice or property desaibed
herein.
-19-
.;1<-
.
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.
-20-
.
.
COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY:
. CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12, 1996
Region: Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on Mav 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
CDOT construction underestimated total cost CDOT consultant, underestimated cost
SECTION 1 (Recion use)
Date: (2) Proiect code (3)
To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4)
From: Office: (5) Phone # (5) FAA # (5)
Recion # (5)
CDOT has executed a contract with: (6)
Address: (6)
FEIN # (6) Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PG #) (8)
Fund Orgn. Appro. Prgrm. Func. Object/Sub-obj N/P GBL Reporting Catg. Proj/Sub/Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9)
Original contract amount Has a Budget Request been processed to cover the contract amount increase?
$ (10) ves no (14)
Previous Funding Letter(s) total Pre parer's name (1 5)
$ (11)
(Funding letter #1 thru #---1 PHONE NO:
This Funding Letter total Contract Administrator's/Business Manager's Approval
$ (12) (16)
(# --.J PHONE NO:
Adjusted contract amount CDOT Designee Approval
$ (13) (17)
Local Agency approval
(18)
SECTION 2 (Controller's Office use) (19)
Total allotment amount Commission budget
$ (19) $ (19)
If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect
_CE pool elig. (19) $ (19) $ (19) charges calculation $ (19)
I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available
to cover this increase, effective as of (19)
State Controller or Delegee Date
(20) (20)
-21-
.
~.
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: (I)
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 ofDBE work: )
I certify that the billed amounts are in agreement with the contract terms:
~ign:.lt:nr~ Till. Pat.
*% Completed x Contract Total = Total Current Payment Request
(1) x (2) = (*)
-22-
~
....
EXAMPLE B (Cost Plus Fixed Fee Contracts)
Exhibit D, Page 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)
Regular Direct Hourly Rate Overtime Cost
Employee Name Classification Hours $ Hours * $
Current This Period Total Amount to
Date (Optional)
Subtotal- Direct Labor $ $
Indirect _(%) (as specified in contract) $ $
OTHER DIRECT COSTS (In-House)
List individually - at actoal cost as in fmal cost proposal; mileage (miles X $), $ $
CADD (brs. 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 actoal and in agreement with the contract terms:
Slgnatore TItle Date
*Eligible classifications only: in accordance with contract
-23-
..
';'A~'
.
EXAMPLE C (Specific Rates of Pay Contracts)
Exhibit 0, Page 3 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 Individually)
Regular Overtime Rates of Pay Cost
Employee Name Classification Hours Hours* $/Hours** $
SUBTOTAL-PAY RATES: $
OlliER 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
-24-
"
"
!-.
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 ShareS
Prior Period Billing Amount: $
Corrent 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
-25-
-'1'
!J"
EXAMPLE E (Fixed Multiplier Contracts)
Exhibit D, Page 5 of 5
Company Name: Project No.
Address:
Employer (FEIN) IDNnmber: Project Location
Invoice Nnmber and Date:
Progress Report Dated: Subaccount No.
% Completed:
BASIC AND / OR SUPPLEMENTAL CONlRACT TOTAL $
Prior Period Billing Amount: $ ,
Current Billing Period: From: To:
PAY RATES: (List Individually)
Regular Certified Fixed Cost
Employee Name Classification Hours Hourly Rates Multiplier $
SUBTOTAL-PAY RATES: $
OlliER 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 onDBE 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
-26-