CDOT Responsibilities Clause Samples
CDOT Responsibilities. The Enterprises hereby delegate, and CDOT agrees to perform, the following obligations of the Enterprises under the C-70 Project Agreement:
a. CDOT will be primarily responsible to provide design and construction management and administrative oversight of the Developer through the Final Acceptance Date of the Project in accordance with the terms and conditions of the C-70 Project Agreement. Such administration shall include, but not be limited to, inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments; preparing and approving pay estimates; processing, investigating and, if appropriate, managing disputes arising from the Construction Work or during the Construction Period; performing construction supervision of the Developer and its subcontractors in relation to the construction schedule and other requirements of the C-70 Project Agreement; and enforcing the rights and remedies of the Enterprises under the C-70 Project Agreement.
b. CDOT will provide reasonable cooperation to HPTE and BE with regard to the Developer’s financing of the Project and any continuing disclosure or other ongoing obligations related thereto.
c. CDOT shall be responsible for completion of the environmental review process under the National Environmental Policy Act (“NEPA”) and related statutes, as well as any subsequent compliance, modifications to the ROD and oversight of the completion of mitigation measures. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement, as such relate to compliance with NEPA and the ROD.
d. CDOT shall ensure that the Project is undertaken in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), as applicable, and the ROD, including oversight of any re-evaluations or other Environmental Approvals required to be undertaken by the Developer in accordance with the C-70 Project Agreement.
e. CDOT will be responsible for acquiring all rights of way, if any, necessary for the Project and for compliance with the Uniform Federal Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601, et seq.) requirements.
f. CDOT shall be responsible for providing the Department Provided Approvals set forth in the C-70 Project Agreemen...
CDOT Responsibilities a. Ensuring the following process is completed for each project that qualifies for a CatEx:
i. For all CatExs, CDOT will fill out a CDOT Form 128 (see Appendix C – Form 128).
ii. CDOT may approve, on behalf of FHWA, those CatExs specifically listed in 23 CFR 771.117(c) and (d) (also listed in Appendix A – C List Categories and Appendix B – D List Categories) that do not exceed the thresholds in Section V.a.v. below (see also Appendix D – Criteria Checklist). CDOT will identify the applicable CatEx category from 23 CFR 771.117(c) or (d), ensure any conditions or constraints are met, verify that unusual circumstances do not apply, address any and all other environmental requirements, and complete the review with a signature evidencing approval. No project-specific review or approval of the CatEx by FHWA is required.
iii. If FHWA adds, through rulemaking, additional CatEx categories to 23 CFR 771.117(c) and/or (d), those categories can be used by CDOT without needing to be added to Appendices A and/or B.
iv. For projects which meet the definition of a CatEx in 23 CFR 771.117 (a) and (b), but is not covered by a category in 23 CFR 771.117(c) and (d), it will be considered a non- programmatic CatEx and the category DX will be used on the Form 128.
v. CDOT may not approve actions listed in 23 CFR 771.117(c) or (d) that exceed any of the following thresholds. CDOT is responsible for certifying to FHWA that the action qualifies for a CatEx. An action exceeding any threshold requires FHWA CatEx review and approval, based on CDOT certification of the action or may require an EA or EIS.
CDOT Responsibilities. CDOT assumes selected Title 23 responsibilities as described in Attachment A, Project Responsibility Matrix, for projects not identified as FHWA PoDI projects using the process described later in this document. Projects must comply with all Federal-aid requirements contained in Title 23. When a local government becomes the implementing agency of a construction project in which CDOT participates in the funding by allocation of FAHP funds, CDOT is not relieved of its responsibilities even though the project may be under the supervision of a public agency or organization. In accordance with 23 CFR 1.11, CDOT will ensure that the agency is well qualified and suitably equipped to perform the work. CDOT is responsible for maintaining an accurate and up to date project file. CDOT may elect to invite FHWA Colorado Division to be involved in any CDOT Delegated Oversight project.
CDOT Responsibilities. CDOT will provide the following:
C. A binder for daily hand written reports and logs.
D. A call list with all emergency after-hours CDOT personnel phone numbers.
CDOT Responsibilities. CDOT will be responsible for the maintenance of the buffer, general purpose lanes and outside shoulder as shown in Exhibit A.
CDOT Responsibilities. Except as otherwise specifically identified as a responsibility of HPTE in Paragraph 3 of this Section, CDOT shall be responsible for the design, acquisition and construction of the Project, including, but not limited to, the following:
a. CDOT will provide reasonable cooperation to HPTE with regard to the Financing and any continuing disclosure or other ongoing obligations related thereto.
CDOT Responsibilities a. Ensuring the following process is completed for each project that qualifies for a CatEx:
i. For all CatExs, CDOT will fill out a CDOT Form 128 (see Appendix A – Form 128).
ii. CDOT may approve, on behalf of FHWA, those CatExs specifically listed in 23 CFR 771.117(c) and (d) (see ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/current/title-23/chapter-I/subchapter- H/part-771#771.117) that do not exceed the thresholds in Section V.a.v. below (see also unusual circumstances do not apply, address any and all other environmental requirements, and complete the review with a signature evidencing approval. No project-specific review or approval of the CatEx by FHWA is required.
iii. If FHWA adds, through rulemaking, additional CatEx categories to 23 CFR 771.117(c) and/or (d), those categories can be used by CDOT.
iv. For projects that meet the definition of a CatEx in 23 CFR 771.117 (a) and (b), but is not covered by a category in 23 CFR 771.117(c) and (d), it will be considered a non- programmatic CatEx and the category DX will be used on the Form 128.
v. CDOT may not approve actions listed in 23 CFR 771.117(c) or (d) that exceed any of the following thresholds. CDOT is responsible for certifying to FHWA that the action qualifies for a CatEx. An action exceeding any threshold requires FHWA CatEx review and approval, based on CDOT certification of the action or may require an EA or EIS.
CDOT Responsibilities. For the US 36 Phase II project, ongoing contract management, reviews, approvals and acceptances of design and construction, and final acceptances will largely be the responsibility of CDOT employees. A project team of CDOT employees will co-locate with the design-build contractor and review and respond to contractor submittals as required in the Concessionaire agreement. In order to complete this task, CDOT has appointed a Project Manager, a Design Manager, a Construction Manager and various specialty staff full time to the US 36 Phase II project. These individuals will be responsible for the day to day management of the project and will oversee the contractor to assure compliance with the Contract. CDOT personnel not co-located with the design-build contractor will also be available review any aspect of the project. The Concessionaire Agreement includes a comprehensive list of actions required by the Concessionaire to assure to CDOT and HPTE that the project is being designed and constructed in a way that is consistent with CDOT standards and Federal requirements. A Table in Appendix A lists those required submittals, the timeframe required, and the action required by CDOT, usually review, acceptance or approval.
CDOT Responsibilities. 1. CDOT will contract for the design and construction of the Project as generally described in the EIS and approved in the ROD. CDOT will ensure that the BRT elements including Communications infrastructure and Queue Jumps described in Exhibit B attached and required by RTD for operation of the BRT system are included in the Scope of Work for the Project.
2. CDOT will coordinate the procurement process for the design and construction of the Project including preparation of RFP), evaluation criteria, scopes of work, reference documents, and review of all proposer submittals with HPTE and RTD. RTD and HPTE will have the opportunity to review all submittals in coordination with CDOT within the time allowed by the procurement schedule. The parties will agree on the prioritization of Additional Requested Project Elements in the RFP and in the evaluation of proposals. All Parties must approve the RFP prior to publication.
3. CDOT will award a contract for the design and construction of civil and Intelligent Transportation System (“ITS”) elements of the Project in forms agreed upon by the Parties. Any contracts for the Project will name RTD and HPTE as third party beneficiaries of the Project. All contracts will require that RTD and HPTE be indemnified and insured to the same extent and in the same amounts as CDOT for all work performed on the Project. CDOT will include the RTD Communications Improvements and Queue Jump Elements specified on Exhibit B in contracts awarded for the Project. HPTE has entered into a separate agreement with E-470 Public Highway Authority to manage and maintain tolling customer accounts and perform toll violations processing once the Project is completed.
4. CDOT will provide the Parties with all documents, specifications, and requirements for any equipment required for installation of the elements included in Exhibit B to ensure compatibility with all BRT Communications Equipment.
5. CDOT will ensure that TIFIA loan requirements, as they relate to terms and conditions to be included in contracts for the design and construction of the Project, are met.
6. CDOT will be responsible for acquiring all rights of way necessary for the US 36 Project and for compliance with the Uniform Federal Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C.4601, et seq.) requirements.
7. CDOT will be responsible for ensuring compliance with Federal Disadvantaged Business Enterprise requirements in contracts for the Phase I Project. ...