HomeMy WebLinkAboutresolution.council.085-04RESOLUTION NO.(~
Series of 2004
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Colorado Department of
Transportation, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between
the City of Aspen, Colorado and Colorado Department of Transportation a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that CONTRACT' between the
City of Aspen, Colorado, and Colorado Department of Transportation, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen to execute on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the I day
Helen Kalin Klandemd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at ame/cting held on the day ,herei~above stated.
Kathryn ~.~I~och, City Clerk
(ST$/LAWRK)
PROJECT SH 82 Resurfacing (MTCE)_ver 08/17/04
REGION 3/(LML)
ev 01/04
~ ,,.~ ~300006
CONTRACT
THIS CONTRACT, made this __ day of ,20 by and between the State of
Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the State or CDOT, and City of Aspen, STATE of COLORADO, 130 South
Galena, Aspen, Colorado 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 of project
and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 3200,
Program 3000, Function 2040, Object 1920 IN, Reporting Category 3200,(Contract Encumbrance
Amount: $69,342.00).
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 resurfacing at various locations on State Highway 82
within the city limits of Aspen. The Local Agency desires to perform the project work as described
in Exhibit A, the Scope of Work.
5. The Local Agency has requested that State funds be made available for resurfacing at various
locations on .SH 82 within the city limits, in Aspen, Colorado, as more specifically described in
Page 1 of 15
Exhibit A, attached hereto and made a part hereof ("Scope of Work"), attached hereto and
hereinafter referred to as "the project" or "the work".
6. The State 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, including
the State's general administration of the project through this contract, in order to obtain state funds
for the project.
8. The Local Agency has 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, 43-1-1.10, 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:
I. PROJECT DESCRIPTION
"The project" or "the work" under this contract shall consist ofresurfacing at various locations on
State Highway 82 in the City of Aspen, Colorado, between milepost 39.5 and milepost 41.5, as more
specifically described in the Exhibit A ("Scope of Work").
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
Page 2 of 15
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 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, including those process and task requirements addressed in Exhibit A, Scope of Work attached
hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with
applicable requirements and standards, including those in this contract and in applicable law.
IV. PROJECT FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the work to be $69,342.00 which is to be
funded as follows:
a. State funds: $69,342.00
Total Funds:
$69,342.00
B. The maximum amount payable to the Local Agency under this contract shall be
$60,358.00 unless such amount i~ increased by an appropriate written modification to this contract
executed before any increased cost is incurred. It is understood and agreed by the parties hereto that
the total cost of the work stated hereinbefore is the best estimate available, based on the design data
as approved at the time ,of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
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.
Page 3 of 15
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 S rate.
B. The Local Agencywill 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 6th Street, Room 317, Grand Junction, Colorado 81501, (970) 248-7214. 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 communications relating to the day-to-day activities for the work shall be
exchanged between representatives of the State's Transportation Region 3 and the Local Agency.
Until changed by notice in ycriting, all such notices and communications shall be addressed as
follows:
If to State:
Mr. Weldon Allen
CDOT Region 3 Mtce. Superintendent
606 South 9th Street
Grand Junction, Colorado 81501
(970) 248-7363
If to the Local Agency:
Mr. Jerry Nye
Street Superintendent
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5133
Page 4 of 15
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.
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:
1. 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
FHWA requirements.
7. provide final assemblY of the Plans and contract documents.
8. be responsible for the Plans being accurate and complete.
Page 5 of 15
9. if the 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 FHWA. As soon as the contract with ihe 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 be similarly submitted;
c) all consultant billings under that contract shall comply with the State's standardized
consultant billing formal;. 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:
Page 6 of 15
1) "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 of the 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."
10. Following award of the construction contract(s) for the project, no further changes shall
be made in the Plans except by agreement in writing between the parties. The Plans shall be
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:
1. administer the construction in accord with the project's Pre-construction and Contract
Administration Checklists. 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
FHWA/State stewardship program, all as more fully described in the project's Pre-
construction and Contract Administration Checklists.
Page 7 of 15
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),
notwithstariding 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 of
the 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 of 23 U.S.C. § 112 and 23 C.F.R.
§ § 633 and 635. Those requirements include, without limitation, that the Local
Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to
this contract, is attached) verbatim into any subcontract(s) for those services as terms and
conditions thereof, as reo~uired 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
accept:ance 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
project.)
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
Page 8 of 15
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 finn unit prices
agreed to between the Local Agency, the State and the FHWA 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 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 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 o£the State's "Standard Specifications for Road and Bridge Construction".
d) 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.
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, if necessary. 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. ENVIRONMENTAL.
Page 9 of 15
The Local Agency shall perform all work in accord with the requirements of current federal and state
envirOnmental regulation, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
F. 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.
G. MAINTENANCE.
(Note: if maintenance is to be the responsibility of the state, move this provision to State
Commitments and revise accordingly).
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 S tare and will make
ample provision for such maintenance each year. Such maintenance and operations shall be in
accordance with all applicable statutes and ordinances, and regulations promulgated thereunder,
which define the Local Agency's obligation to maintain such improvements. The State will make
periodic inspections of the project to verify that such improvements are being adequately maintained.
VI!t GENERAL PROVISIONS ~.
A. Notwithstanding any consents or approvals given by the State for the Plans, the State will
not be liable or responsible in any manner for the structural design, details or construction of any
major structures that are designed within the Work of this contract.
B. If the work involves construction, the State shall have the authority to suspend the work,
wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local
Agency or its construction contractor to correct project conditions which are unsafe for the Workmen
or for such periods as the State may deem necessary due to unsuitable weather, or for conditions
Page 10 of 15
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.~he State
determines that the purposes of the distribution of funds under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination.
(c) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds
which are available to the State for the purposes of contracting for the project provided for herein,
and therefore, the Local Agency expressly understands and agrees that all its rights, demands and
Page 11 of 15
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 maybe required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as specifically provided otherwise herein, no modification of this contract shall be
effective unless agreed to in writing by both parties in an amendment to this contract that is properly
executed and approved in accordance with applicable law.
F. To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this COntract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of.any other term or provision hereof. The
waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the
same term upon subsequent breach.
G. ~This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
written contract executed and approved pursuant to the State Fiscal Rules.
H. Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
I. The Local Agency represents and warrants that it currently has no interest, and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the
Page 12 of 15
performance of the Local Agency's obligations under this contract. The Local Agency's further
covenants that, in the performance of this contract, it will not employ any person or firm having any
such known interests.
J. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written above and shall
continue through the completion and final acceptance of this project by the State and Local Agency.
K. 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. This contract proper;
2. Other contract attachments and exhibits, in their respective order.
L. 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.
M. 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.
N. 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.
Page 13 of 15
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate.
FUND AVAILABILITY. CRS 24-30-202 (5.5)
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.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and
court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract.
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 for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act,
28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDERAS AN INDEPENDENT CONTRACTORANDNOTAS AN EMPLOYEE. NEITHERTHE CONTRACTORNOR
ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY
WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID Bi' THE STATE PURSUANT TO THIS CONTRACT.
CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS
EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE
WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW~ AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTORs ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractoragreesto comply withtheletterand thespirit ofallapplicable state andfederallaws respecting discfiminationandunfairemployment
practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement
of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial
body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whethei' by way of complaint, defense, or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times d~jring the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, aEd re~½lations
that have been or may hereafter be established.
7. Software Piracy Prohibition Governor's Executive Order
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract
and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that the Contractor is in violation Of this paragraph, the State may exercise any remedy available at law or equity or under this
Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or
applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no en~ployee of the State of Colorado has any personal or beneficial interest whatsoever in the service or
property described herein.
Effective: April 1, 2004
Page 14 of 15
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
LOCAL AGENCY:
City. of ~ Sn-":-~_
Legal Name of Contracting Entity
846000721
'Security Number or FEIN
Sighat~tle o~uth/~'ized Officer
Print Nahe ~ Titl~e)~}f Authorize~l Officer0~
STATE OF COLORADO:
BILL OWENS, GOVENOR
By
For Executive Director
Department of Transportation
LEGAL REVIEW:
KEN SALAZAR, ATTORNEY GENERAL
By.
Tracy L. Kinsella
CORPORATIONS:
(A corporate attestation or seal is required.)
Attest (Seal) By g ~~ ~
(Signature and Title: C'~ ~rrate , or Town/City/County Clerk)
(Place corporate seal here, if available.)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not Valid~ until the
State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below, the
State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER
By.
Date
Revised: April 1, 2004
Page 15 of 15
Resurfacing Tasks
Install Asphalt Pavement. 11t2" PG 70 -28.
Roto Mill Full Width.
Detail Milling.
Traffic Control.
Adjust Valve &Mounument to finish grade.
Adjust Manhole to finish grade.
Locations
Length
Castle Creek Bddge.
Mill 1.5" Install 1.5" asphalt~ 460'
Hyway 82 from bridge to mile 290'
marker 40 going East
Hyway 82 from mile marker 40 to 850'
starting of Curb at round about.
North side of highway
2nd and Main 100'
North side of highway, Right Lane.
2nd to 1st 265'
North side of hyway, Right Lane.
Garrnisch to Aspen. 110'.
North side of hyway, Right Lane.
Original Street Corner. 175'
North side of byway, Right Lane.
South side of highway
Aspen st. to Garmisch st.
South side of hyway, Right Lane. 250'
EXHIBIT A _SCOPE OF WORK
Width SQ.FT. SQ.YRDS Milling 1.5" Asphalt
Sq.Yrds Depth
30 13,800 1,533.33 1,533.33 1.5"
46 13,340 1,482.22 0 1.5"
40.5 34,425 3,825 0
1.5"
Total
Tons
126,5
122.28
315.56
19.5 1,950 216.67 216.67 1.5" 17.88
18 4,770 530 530 1.5" 43.73
17 1,870 207.78 207.78 1.5" 17.14
13 2,275 252.78 252.78 1.5" 20.85
19 4,750 527.78 527.78 1,5" 43.54
Total SQ.FT
Total SQ.YRDs
Total SQYRDs To Mill
Total Tons Asphalt
Traffic
Mobe
Valve Adjust
Manhole Adjust
77,180
8,576
3,268.34
707.48
EXHIBIT A - Page 1 of 1
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 CDOT 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 CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining
Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.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 CDOT'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 gu/de to CDOT 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.
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.
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 fu'ms and the
advertising should be done in one or more daily newspapers of general circulation.
The request for consultant services should include the scope of work, the evaluation factors and their relative in~portance, the method
of payment, and the goal of ten percent (10%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project.
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 CDOT pre-qualified prime consultants and their team. It also shows which
criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the project,
c. Ability to famish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
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 24-30-140L cost shall not be considered as a factor in the evaluation of professional consultant services.
Once a consultant is selected, the local agency enters into negotiations xvith 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 reknbursement
Attachment #1 - Page 1 of 2
for costs are limited to those costs allowable under the cost principles of 48 CFR 3 I. Fixed fees (profit) are determined with
consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen
(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 CDOT 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.D. 400.1 provide additional details for complying with the eight (8)
steps just discussed. '
Attachment #1 - Page 2 of 2
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.
The state may allocate more or less funds available on this contract using a Funding Letter substantially
equivalent to Exhibit E and beating the approval of the State Controller or his designee. The funding letter
shall not be deemed valid until it shall have been approved by the State Controller or his designee.
Addendum A- Page 1 of 2
Exhibit C
COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY:
CON. TRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12, 1996
Region: Complete section I and submit to CDOT Controller's office. CDOT Controller letter on May 23, 1996
(1)This form to be used for the following contracts/situations only (check the appropriate situation):
indefinite quantity, order more/add more utility/railroad, underestimated total cost
CDOT constr.uction, sum of CMO's __LA construction, underestimated cost
CDOT construction, underestimated total cost ~CDOT consultant, underestimated cost
SECTION 1 (Re~]ion use)
Date: (2)
Project code (3)
To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4)
From: Office: (5) Phone # (5) FAX # (5)
Rec~i°n # (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) __yes no (14)
Previous Funding Letter(s) total Preparer's name (15)
$ (11)
(Funding tetter#1 thru #._._) PHONE NO:
This Funding Letter total Cont"act Administrator's/Business Manager's Approval
$ (12) (i6)
(~ ) PHONE NO:
Adjusted contract amount CDOT Designee Approval
$ (13) ' (1 7)
Local Agency approval
(1 8)
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. (1 9) $ (l 9) $ (1 9) charges calculation $ (19)
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)
Addendum A - Page 2 of 2
EXAMPLE A (Lump Sum Contracts)
'Company Name:
Address:
Employer (FEIN) ID Number:
Invoice Number and Date:
Exhibit D, Page 1 of 5
Project No.
Project Location
Subaccount No.
Progress Report Dated:
% Completed: (1)
Current Billing Period: From:
To:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL: (2)
Total Billed to Date:
Less: Retainage (10% of billing not to exceed 5% of contract)
Less: Prior Payments:
Prior Billing: $
Less Retainage: $
TOTAL CURRENT PAYMENT REQUEST: *
(% To date of DBE work:
I certify that the billed amounts are in agreement with the contract terms:
Signature Title
*% Completed x Contract Total = Total Current Payment Request
(1) x (2) = (*)
Date
Exhibit D - Page 1 of 5
EXAMPLE B (Cost Plus Fixed Fee Contracts) Exhibit D 'Pa~ 2 of 5
= Company Name: Project No.
"Address:
Employer (FEIN) ID Number: Project Location
Invoice Number and Date:
Progress Report Dated: ~ Subaccount No.
% Completed:
BASIC AND / OR sUPpLEMENTAL CONTRACT TOTAL ' $
Prior period Billing Amount . $
Current Billing Per/od: 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) $ $
'OTHI/R DIRECT COSTS (In-House)
List individually - at actual cost as in f'mal cost proposal; mileage (miles X $), $ $
CADD (hrs. x $), equip, rental (hrs. x $), etc.
SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS) $ $
I,'IiE (%) (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 apPlicablei ' $ $
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 ~e contract terms:
~gnature l'~tle Date '
· Eligible classifications only: in accordance with contract
Exhibit D - Page 2 of 5
EXAMPLE E (Fixed Multiplier Contracts) Exhibit D, Page 5 of 5
Company Name: Project No. ~
Address:
Employer (FEIN) ID Number: Project Location
Invoice Number and Date:
Progress Report Dated: Subaccount No.
% Completed:
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
current Billing Period: From: To:
PAY RATES: (List Individually)
[. Regular Certified Fixed Cost
Employee Name Classification Hours Hourly Rates Multiplier $
SUBTOTAL-PAY RATES: $
O'I'HER 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 ~vith the contract terms:
Signature Title Date
Exhibit D - Page 5 of 5