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DocuSign Envelope ID: 02CA927F-178D-4C50-A5D8-D8ED34B85215 <br />OLA #: 331002887 <br />Routing #: 23-HA4-XC-00156 <br />reference) for the design/construction of the project. The State is an intended third -party <br />beneficiary of this agreement for that purpose. <br />(b) Upon advertisement of the project work for construction, the consultant shall make <br />available services as requested by the State to assist the State in the evaluation of <br />construction and the resolution of construction problems that may arise during the <br />construction of the project. <br />(c) The consultant shall review the construction Contractor's shop drawings for conformance <br />with the contract documents and compliance with the provisions of the State's publication, <br />Standard Specifications for Road and Bridge Construction, in connection with this work. <br />(d) The State, in its sole discretion, may review construction plans, special provisions and <br />estimates and may require Local Agency to make such changes therein as the State <br />determines necessary to comply with State and FHWA requirements. <br />iii. Construction <br />If the Work includes construction, Local Agency shall perform the construction in accordance with the <br />approved design plans and/or administer the construction in accordance with Exhibit E. Such <br />administration shall include Work inspection and testing; approving sources of materials; performing <br />required plant and shop inspections; documentation of contract payments, testing and inspection <br />activities; preparing and approving pay estimates; preparing, approving and securing the funding for <br />contract modification orders and minor contract revisions; processing construction Contractor claims; <br />construction supervision; and meeting the quality control requirements of the FHWA/CDOT <br />Stewardship Agreement, as described in Exhibit E. <br />a. The State may, after providing written notice of the reason for the suspension to Local Agency, <br />suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct <br />conditions which are unsafe for workers or for such periods as the State may deem necessary due to <br />unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for <br />any other condition or reason deemed by the State to be in the public interest. <br />b. Local Agency shall be responsible for the following: <br />1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local <br />Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall <br />administer the Work in accordance with this Agreement, the requirements of the construction <br />contract and applicable State procedures, as defined in the CDOT Local Agency Manual <br />(https://www. codot. gov/business/designsupport/bulletins_manuals/2006-local-agency- <br />manual). <br />2) For the construction Services, advertising the call for bids, following its approval by the State, <br />and awarding the construction contract(s) to the lowest responsible bidder(s). <br />(a) All Local Agency's advertising and bid awards pursuant to this Agreement shall comply <br />with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and <br />C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local <br />Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim, <br />into any subcontract(s) for Services as terms and conditions thereof, as required by 23 <br />C.F.R. 633.102(e). <br />(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on <br />which competitive bids have been received. Local Agency must accept or reject such bids <br />within three (3) working days after they are publicly opened. <br />(c) If Local Agency accepts bids and makes awards that exceed the amount of available <br />Agreement Funds, Local Agency shall provide the additional funds necessary to complete <br />the Work or not award such bids. <br />(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the <br />State. <br />Document Builder Generated Page 9 of 29 <br />Rev. 05/24/2022 <br />