HomeMy WebLinkAbout2006 Ordinance No. 020•
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ORDINANCE N0.2{)_
SERI ES OF 2006
CONTRAct NO, S-l-,,J.,,oJ.
BY AUTHORITY
COUNCIL BILL NO. 23
INT RODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANC E AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETW EEN
THE COLORADO DEPARTMENT OF TRANSPORTATION (C DOT) AND THE CITY OF
ENG LEWOOD. COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS
RELATED TO THE DESIGN AND CONSTRUCTION OF .. SOUTH BROADWAY
STREETSCAPE-TUFTS TO BELLEVIEW .. PROJECT STE M395-01 I. IN THE CITY OF
ENGLEWOOD.
WHEREAS, 1he Cily c~uncil oflhe Cily of Englewood pa ssed Resoluli on No. 78, Series of
I 999. which aulhorized lhe Ci1y 10 apply fur Federal fund s under lhe ln1em1odal Surface
Trar.sportalion Effi cienc y Acl (ISTEA): and
WHEREAS. lhc Englewood Ci ly Council approved Rc so lu1i on No. 43. Series of 2002 .
au1horizing 1he Ci1y lo apply for Federal fund s under 1hc ln1em1odal Surface Transportation
Efficiency Acl (ISTEA): and
WHEREAS. 1hc Eng lewood Ci ly Co uncil approved Re so lu11011 No. 79 . Series o f 2003.
au1horizing 1hc Ci1y 10 apply for Fede,al fund s under 1hc 1nlennodal Surface Transportalion
Efficiency Acl (ISTEA): and
WHEREAS. The Englewood Ci1 y Council approved Resolulion No. 77. Series of 2005,
au1horizing 1he Cily 10 apply for Federal funds under 1he .. Safe Aecounlahle Flexible Effiei enl
Transportalion Equily Acl-Legacy for Use rs .. : and
WHEREAS . Denve r Regional Co un cil ofGovemmcnl s (DRCOG) aecepls applica1ions from
Local govcrnmcnls . 1ypically on a 1wo year cycle. for projecls 10 be considered for federal
funding; and
WHEREAS. DRCOG. in cooperalion wi1h 1hc Co lorado Dcpartmenl of Transportali on
(CDOT). is charged wilh the prcparalion of 1he Transporta1ion lmpro vc mcnl Program (TIP):
and
WH EREAS . 1hc TIP priorilizc s regi ona l projecl s fo r Federal Transportalion Funds ava ilable
lhrough 1hc .. Safe Accoun1able Flexible Efficie,11 Transportalion Equily Ac1-Legacy for Users ..
(S 1>,FTEA -LU): and
WHEREAS. 1he Congre ss adoplcd 1i1is program in August. 2005 lo repl ac e 1hc fo nner
Transportalion Efficiency Acl of lhe 2 I" Century (TEA-21 ): and
WH EREAS . in 1999. Englewood applied for a projecl lilied Sou1h Broadway S1rcc1scape
Projcct-fo'ts Avenue lo Belle view: and
W'IEREAS . the projccl applicalion rcque slcd funding fo r lhe design and conslructi on of
ra ised. land scaped medians . similar 10 lhc ~rojecl co mplc1ed in 2000 (Broadway bc1wccn Yale
and Hampden): and
9 b iv
WHEREAS. 1he Ci1y coruinued 10 reapply for the projec1 each lime DRCOG solici1ed •
applicalions and in 2002 DRCOG accepled 1he projecl and assured 1he Ci1y thal 1he projecl
would be funded under 1he "Enhanccmenl'' calegory and lhc Federal funding became available
April. 2006: and
WHEREAS. lhe design is anlicipatcd 10 begin lhis year wilh conslruc1inn following in 2007:
and
WHEREAS. lhc passage of 1his proposed Ordinance would nu1hori1.e an ln1ergovern111ental
Agreement entitled ··Transportalion E11hanccmen1 Contract ", which covers financial
comrniunenlS rclaled 10 1he design and conslruclion of "Soulh Broadway S1rcc1Scape-Tufis 10
Belleview" Projecl STE M395-011 :
NOW . THEREFORE. BE IT ORDAINED BY THE CITY CO UNCIL OF HIE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS :
. 'ittlml. The Ci1y Council of lhc Cily of Eng!ewood , Colorado hereby au1hori1.es 1hc
Cily 10 enler iruo an in1ergovernrnen1al con1ract wi1h COOT enlilled "Transpona1ion
Enhanccrncnl Con1racl'' covering 1he financial corn111i1111en1S rcln1ed lo lhe design and
consiruclion of "Soulh Broadway S1ree1scapc-Tufis 10 Belleview" PROJECT STE M395-
0 I I. a copy is auached herein as "At1achmen1 A".
~-The Mayor and lhe Cily Clerk are hereby uulhorized 10 sign and auesl said
in1crgovemmen1nl Conlrucl on behalf of 1he Cily of Englewood .
ln1roduced . read in full. and passed on lirsl reading on lhe S1h day of June . W06.
Published as a llill for an Ordinance on lhe 91h day of June. W06.
Read hy 1ille and passed on final rea ding on 1he 191h day of June. 11Kl6 .
Puhli shed h) Iii le as Ordinance No~. Series of 2006. on 1he 13rd da) of June . 2006.
~If,
oucri ua A. Ellis. Ci1y Clerk
I. Loucrishia A. Ellis. Cily Clerk of the Cily of Englewood, Colorado. hereby certify lhal
lhe above and foregoing is A' ~rue copy of lhe Ordinance passed n final reading and 11ublished
by tille as Ordinance No.~. Series of 2006 .
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(FMLAWRK)
PROJECT STE M39S-01 I, (14808)
REGION 6/(JH)
TRANSPORTATION ENHANCEMENT CON .fRACT
Rev 10/03
06 HA600076
CMS ID 06-112
THIS CONTRACT made this_ day of ______ 20_, by and between the State of
Colorado for the use and benefit of the Coiorado Department ofTransportation hereinafter referred to as
the State and CITY OF ENGLEWOOD , 1000 Englewood Parkway, Englewood , Colorado , 80110 ,
FEIN : 846000S83 , hereinafter referred to as the "Contractor" or the "Local Agency ,"
RECITALS
I . Authority exists in the law and funds have been budgeted, appropriated and otherwise made available
and a sufficient µncommined balance thereof remains available for payment of project and Local Agency
costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000,
Functions 3020 and 3301 , Object 2312 IP , Phases D and C, Reponing Category 6121, Contract
Encumbrance Number 14808, (Contract Encumbrance Amount: Design-$9S,000 .00 , Construction-
$65S ,000 .00 , Total Encumbrance-$7S0 ,000 .00) .
2. Required approval, clearance and coordination has been accomplished from and with appropriate
agencies .
3. Pursuant to Title I, Subtitle A, Section 1108 of the ''Transportation Equity Act for the 21 • Century" of
1998 (TEA-21) and/or the "Safe, Accountable , Flexible, Efficient Transponation Equity Act: A Legacy
for Users" of200S and to applicable provisions of Title 23 of the United States Code and implementing
regulations at Title 23 of the Code ofFederal Regulations, as may be amended, (collectively referred to
hereinafter as the "Federal Provisions"), certain federal funds have been and will in the future be
allocated for transportation projects requested by Local At1 ·'llcies and eligible under the Surface
Transportation Improvement Program that has been proposed by the State and approved by the Federal
Highway Administration ("FHW A'), hereinafter referred to as the "Program."
4. Pursuant to § I 007(a) ofTEA-21 , at 23 U.S.C. § I 33(d)(2), cenain Surface Transportation project
funds arc made available only for eligible "Transportation Enhancement Activities", as defined in§ 23
U.S.C. § I 01 (a), and this contract provides for the performance by the Local Agency of a project for an
eligible Transportation Enhancement Activity.
S. Pursuant to § 43-1-223, C.R.S. and to applicable ponions of the Federal Provisions, the State is
responsible for the general administration and supervision of performance of projects in the Program,
including the administration offederal funds for a Program project performed by a Local Agency under a
contract with the State .
• 6. The Local Agency has requested that a certain local transpcrtation project be funded as part of the
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A
Pro8f'\Jll, and by the date of execution of this contract, the Local Agency and/or the S,ate has completed •
and submitted a preliminary version of CDOT form #463 describing the general nature of the Werle . The
Local Agency understands that, before the Werle begins, form #463 may be revised as a result of design
changes made by CDOT, in coordination with the Local Agency, in its internal review process. The
Local Agency desires to perform the Werle described in form #463, as it may be revised .
7. Federal-aid funds have been made available for project STE M395-0l 1 ( 14808), whi ch shall consist
of the design and construction of raised, landscaped medians on South Broafway from Tufts Avenue to
Belleview Avenue refemd to as the "Project" or the "Work ." Such Work will be performed in
Englewoood Colorado , specifically described in Exhibit A.
8. The match: ,g ratio for this federal ai d project is 80% federal -ai d funds to 20% Local Agency funds, it
being understood that such ratio applies only to such costs as are eligible for federal participation, it
being further understood that all non-participating costs shall be borne by the Local Agency at I 00%.
9. The Local Agency desires to comply with the Federal Provisions and other applicable requirements,
including the State 's general administration and supervision of the Project through this contract, in order
to obtain federal funds .
10. Th e Local Agency has estimated the total cost of the Work and is prepared to provide its match share
of the cost , as evi denced by an appropriate ordinance/resolution or other authority letter which expressly
authorizes the Local Agency the authority to enter into this contract and to expend its match share of the
Work. A copy of such ordinance/resolution or authority letter is attach~d hereto as Exhibit B.
11. This contract is executed underth e authority of§§ 29-1-203, 43 -1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
12 . The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
13. The Local Agency can more advantageously perform the Work .
THE PARTIES NOW AGREE THAT :
Section I. Scope of Work
The Proj ect or the Work under this contract shall consist of the design and construction of raised,
landscaped medians on South Broadway from Tufts Avenue to Belleview Avenue, in Englewood,
Colorado, as more specific ally described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits , such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority :
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7.
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Special Provisions contained in section 29 of this contract
Thi s contract
Exhibit A (Scope of Work)
Exhibit C (Funding Provisions)
Exhibit D (Certification for Federal-Aid Contracts)
Exhibit E (DBE Requirements)
Exhibit F (Contract Modification Tools)
Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controll er or designee , or on the
date made , whiche ver is later. The tenn of this contract shall continue through the com pletion and
final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the total cost oflhe Work and is prepared to pro vide its match
share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which
ex pressly auth~rizes the Local Agency the authority to enter into this contract and to expend its match
share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit
B.
• The funding provisions for the Project are attached hereto as Exhibit C. The Local A Jency
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shall provide its share of the funds for the Project as outlined in Exhibit C.
Section 5. Transportation Enhancement Advao,:e Payment Provisions
The advance payment provisions described herein shall appiy only to a percentage of th e co nstruction
work portion of an enhancement project , as described below. Payment for ail other work portions of
the Project , including for the design work , shall be on a reimbursement basis, as described below .
A. Pursuant to FHWA's approval under 23 U.S .C. § 133(e)(3)(B), the State will provide an
advance payment up to a maximum percentage of the total amount for the construction portion
of transportation enhancement project activities, in accord with the following procedures .
I . the State will provide advance payment to the Local Agency of 70% of the federal
funds budgeted and available for the construc tion of this transportation enhancement
project, in accord with 23 U.S.C. § 133(e)(3)(B and as described herein .
2. the Local Agency shall subm it the following t•) the State representative identified in
section VII, after execution of this Contract :
a) a financial statement for the construction of the project; and
b) an invoice for advance payment of 70% of the federa l funds budgeted and
available for the construction of the project.
3. Aller r,"Ceipt of such statement and invoice, the State will issue a warrant to the Local
Agency in the amount of the approved advance payment of construction project funds,
subject however to the prior performance of the following : A) the satisfactory
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B.
C.
completion of the design of the project; B) the State approving the Local Agency's
construction contract; and C) the State issuing to the Local Agency a Notice To
Proceed with the construction of the project.
4. the advanced funds shall be used by the local agency only for the performance of the
construction work of the project. Upon receipt of the rotice to proc•ed from the State,
the Local Agency shall proceed expeditiously to start the construction work and
prosecu te it diligently lo completion . If for any reason lhe local agency does nol start
the construction work within 120 days of receipt of the notice to proceed, or if the
Local Agency starts the construction work but discontinues or abandons performance
before completion, the Local Agency shall remit to the State all federal funds
reimbursed or advanced by the State for the project not later than 30 days after the
I 20th day, or after the date the Local Agency discontinues/abandons performance , as
applicable.
5. When the Project construction work is completed, the Local Agency shall submit to
the Slate all required paperwork for that construction work, together with a final
statement of costs for that construction work and a billing for the remaining 30% of
the federal funds budgeted and available for the Project construction work . The State
shall not reimburse the Local Agency the remaining 30% of the construction work
costs until the State has reviewed the billings and has inspected the completed project
construction work , subject to the terms and conditions of this contract.
Except as provided in A. above , the State will reimburse the Local Agency for the federal-aid
share of the project design, and other work following the State's review and approval of such
charges, subject to the terms and conditions of this contract. The Local Agency will prepare
and submit to the State monthly charges for costs incurred relative lo the design, and work
portions of the project. Provided, however, that charges incurred by the Local Agency prior to
the date of FHWA authorization for the project and prior to the date this contract is executed
by the State Controller or his designee will not be charged by the Local Agency to the project,
and will not be reimbursed by the State, absent specific FHW A and/or State Controller
approval thereof.
The State will reimburse the Local Agency's reasonable, allocable , allowable costs of
performance of the Work, not exceeding the maximum total amount described in Exhibit C.
The applicable principles described in Title 49 , Code of Federal Regulations , Part 18 (the
"Common Rule"), Subpart C ("Financial Administration"), including 49 C.F .R. 18.22, shall
govern the allowability and allocability of costs under this contract. The Local Agency shall
comply with all such principles . To be eligible for reimbursement, costs by the Local Agency
shall be :
I. in accordance with the provisions of Exhibit C and with the terms and conditions of
the contract.
2.
3.
4.
5.
6.
necessary for accomplishment of the Work.
reasonable in amount for the goods and services provided .
actual net cost to the Local Agency (i.e ., the price paid minus any refunds, rebates, or
othe 'terns of value received by the Local Agency that have the effect of reducing the
cost actually inrurred).
incurred for Work perfo rrr,ed subsequent to the effective date of this contract.
satisfactorily documented.
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D. The Local Agency shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards (a separate set of accounts, or as a separate and
integral part of its current accounting scheme) to assure that project funds arc expended and
costs accounted for in a manner consistent with this contract and project objectives.
I. All allowable costs charged to the project, incbding any approved services contributed
by the Local Agency or others, shall be supported by properly executed payrolls, time
records, invoices, contracts or vouchers evidencing in detail the nature of the charges.
2. Any check or order drawn up by the Local Agency, including any item which is or will
be chargeable against the project account shall be drawn up only in accordance with a
properly signed voucher then on file in the office of the Local Agency, which will
detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders or other accounting documents shall be clearly
identified, readily accessible, and to the extent feasible, kept separate and apart from
all other such documents.
E. Upon execution of this contract the State is authorized, in its discretion, to perform any
necessary administrative support services pursuant to this contract. These services may be
performed prior to and in preparation for any conditions or requirements of this contract,
including prior FHW ,, approval of project work. The Local Agency understands and agrees that
the State may perform such services, and that payment for such services shall be at no cost to the
State but shall be as provided in Exhibit C. At the request of the Local Agency, the State shall
also provide other assistance pursuant to this contract as may be agreed in writing. In the event
that federal-aid project funds remain available for payment, the Local Agency understands and
agrees the costs of any such services and assistance shall be paid to the State from project funds
at the applicable ra.te. However, in the event that such funding is not made available or is
withdrawn for this contract, or if the Local Agency terminates this contract prior to project
approval or completim, for any reason, then all actual incurred costs of such services and
assistance provided by the State sh,111 be the sole expense of the Local Agency.
F. If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be
as follows :
I. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 45 days after receipt of each bill. Should the Local Agency
fail to pay moneys due the State within 45 days of demand or within such other period
as may be agreed between the parties hereto, the Local Agency agrees that at the
request of the State, the State Treasurer may withhold an equal amount from ~uture
apportionments due the Local Agency from the Highway Users Tax Fund and to pay
such funds dir ..c tly to the State . Interim funds, until the State is reimbursed, shall be
payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 45 days after the date of each bill), the Local Agency shall pay interest
to the State at a rate of one percent per month on the amount of the payment which
was not made in a timely manner, until the billing is paid in full. The interest shall
accrue for the period from the required payment date to the date on which payment is
made.
G. The Local Agency will prepare and submit to the State monthly charges for costs incurred
relative to the project. The Local Agency's invoices shall .include a description of the amounts
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of services perfonned, the dates of perfonnance and the amounts and description of •
reimbursable expenses . The invuices will be prepared in accordance with the State's standard
policies , procedures, and standardized billing fonnat to be supplied by the Stale .
H. To be considered for payment, billings for payment pursuant lo this contract must be received
within 60 days after the period for which payment is being requested and final billings on the
contract must be received by the State within 60 days after the end of the contract tenn .
I . Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds, encumbered for the purchase of the described services. The liability
oflhe Slate , at any time, for such payments shall be limited to the amount remaining of
such encumbered funds .
2. In the event this contract is tenninated, final paymen• to the Local Agency may be
withheld al the discretion of the State until completi r ,, of final audit.
3. Incorrect payments to the Local Agency due to omission , error, fraud, or defalcation
shall be recovered from the Local Agency by deduction from subsequent payment
under this contract or other contracts between the State and Local Agency, or by the
State as a debt due to the Stale.
4. Any costs incurred by the Local Agency that are not allowable under the Common
Rule shall be reimbursed by the Local Agency, or offset against current obligations
due by the State to the Loc al Agency, at the State 's election .
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit G describes the Work lo be
perfonned and assigns responsibility of that Work to either the Local Agency or the Stale . The
"Responsible Party" referred to in this contract means the Responsible Party as identified in the Local
Agency Contract Administration Checklist in Exhibit G.
A. Design [if applicable]
I . If the Work includes preliminary design or final design (the "Construction Plans"), or
design work sheets , or special provisions and estimates (collective!)' referred to as the "Plans"), the
responsible party shall comply with the following requirements, as applicable:
a.
b.
c.
d.
e.
perform or provide the Plans, to the extent required by the nature of the Work .
prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway Transportation
Officials (AASHTO) manual or other standard, such as the Uni fonn Building
Code, as approved by CDOT .
prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency sµecifications if approved by CDOT .
include detaii ; of 'lil y required detours in the Plans, in order to prevent any
interference of tl .e construction wor!,-and to protect the traveling public .
stamp the Plans produced by a Colorado Registered Professional Engineer .
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provide final assembly of Plans and contract documents .
be responsible for the Plans being accurate and complete ,
make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the part ies , The Plans shall
be considered final when approved and accepted by the parties hereto , and
when final they shall be deemed incorporated herein ,
2. If the Local Agency is the responsible party:
a.
b.
C.
The local agency shall comply with the requirements of the Americans With
Disabilities Act (ADA), and applicable federal regulations and standards as
contained in the document "ADA Accessibility Requ irements in COOT
Transportation Projects",
It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that arc directed by the State to comply with FHWA
requirements .
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 arc involved in the cost of such work to be done by a
consultant , that consultant contract (and the performance/provision of the
Plans under the con:ract) must comply with all applicable requirements of23
CFR Part 172 and with any procedures implementing those requirements as
prov ided by the Stale , including those in Exhibit H attached hereto . If the
Local Agency does enter into a contract with a consultant for the Work :
(I) it sh all submit a certifi~ation that procurement of any design consultant
contract complied with the requirements of23 CFR 172 .S(d) prior to entering
into contract. The State shall either approve or deny such procurement. If
denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have pric
approval by the State and FHW A. Such changes in the contract shall be by
written supplt ment agreement. As soon as the (;()ntract with the consultant has
been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State . Any amendments to such contract shall also be
submitted.
(3) it shall require that all consultant billings under that contract shall
comply with the State's standardized billing format. Examples of the billing
formats arc available from the COOT Agreements Office ,
(4) it (or its consultant) shall use the COOT procedures described in
Exhibit H to administer that design consultant subcontract , to comply with 23
CFR 172 .S(b) and (d),
(5) it may expedite any COOT approval ofits procurement process and/or
consultant contract by submitting a letter to COOT from the certifying Local
Agency's attorney/authorized representative certifying compliance with
Exhibit Hand 23 CFR 172.S(b)and 'd),
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(6) it shall ensure that its consultant contract complies with the •
requirements of 49 CFR 18 .36(i) • 1 contains the fo:towing language
verbatim :
d.
(a) "The design work under this contract shall be compatible with
the requirements of the contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party
beneficiary of this contract for thal purpose."
(b) "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."
(c) "The consultant shall review the construction contractor's shop
drawings for conformance with the contract documents and
compliance with the provisions of the State 's publication, Standard
Specjfications for Road and Bridge Construction, in connection with
this work ."
The State , in its discretion, will review construction pl•ns, special provisions
and estimates and will cause the Local Agency to make changes therein that
the State determines are necessary to assure compliance with State and FHW A
requirements .
B. Construction [if applicable)
I. If the Work includes construction, the respons ible party shall perform the construction
in accordance with the approved design plans and/or administer the construction all in
accord with the Local Agency Contract Administratior ~hecklist. Such administration
shall include project inspection and testing; ai,proving sources of materials;
performing required plant and shop inspections ; documentation of contract paymel'.ts,
testing and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the funding for contract modification orders r.nd minor
contract revisions; processing contractor claims ; construction supervision; and meeting
the Quality Control requirements of the FHW NCDOT Stewardship Agreement, as
described in the Local Agency Contract Administration Checklist.
2. The State shall have the authority to suspend the Work, wholly or in part, oy giving
written notice thereof to the Local Agency, due to the failure of the Local Agency or
its contractor to correct project conditions which are unsafe for workers or for such
periods as the State may deem necessary due to unsuitabl e 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.
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If the Local Agency is the responsible party :
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado , as the Local Agency Project Engineer (LAPE), to perform that
administration . The LAPE shall administer the project in accordance with this
contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the project, it shall advertise the c~II
for bids upon a!)proval by the State and award the construction contract(s) to
the low responsible bidder(s) upon approval b·1 the State .
(I) in advertising and awarding th e bid for the construction of a federal-aid
project, the Local Agency shall comply with applicable requirements of
23 USC§ 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101
et seq . Those requirements incluci e, without limitation , that the Local
Agency/contracto r shall incorporate Form 1273 (Exhibit I) in its
entirety verbatim into any subcontract(s) for those services as terms
and conditions f~erefore, as required by 23 CFR 633 .102(e).
'.2) the Local Agency has the option to accept or reject the proposal of the
apparent low bidder for work on which competitiv ~ bids have been
received . The Local Agency must declare th~ r· aptance or rejection
within 3 working days after said bids are publicly opened .
(3) by indicating its concurrence in such award, the Local Agency, acting
by or through its duly authorized representatives, agrees to pro· de
additional fund s, 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 he made available for the project.
This paragraph also appli~s to projects advertised and awarded by the
State.
c. If all or part of the construction work is to be accomplished by Local Agency
personnel (i.e. by fo rc e account), rather than by a competitive bidding process ,
the Local Agency will ensure that ail such force account work is =omplished
in accordance with the pertinent State 1-pecifications and requiwments with 23
CFR 635, Subpart B, Force Account Construction .
(I) Such work will normally be based upon estimated qmmtities and firm
unit prices agreed to between the Local Agency, the State and FHW A
in advance of the Work, as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value of the
Work to be performed .
(2) An alternative to the above is that the Local Agency may agree to
participate in the Work based on actual costs of labor, equipment
rental , materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be
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(3)
(4)
D. Stat , 's obligations
evaluated for compliance with 48 CFR Part 31 .
Rental rates for publicly owned equipment will be dctennined in
accordance with the State '. Standard Specjficatjons for Road and
Bridge Construction~ 109 .04 .
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.
I. The State will perform a final project inspection prior to project acceptance as a
Quality Control /As surance activity. When all Work has been satisfactorily completed,
the State will sign the FHW A Form 1212 .
2. Notwithstanding any consents or approvals given by the Slate for the Plans, the State
will not be liable or responsible in any maruier for the structural design, details or
construction of any major structures that are designed by or are the responsibility of
the Local Agency as identified in the Local Agency Contract Administration Checklist,
Exhibit G, within the Work of this contract.
Section 7, ROW Acquisition and Relocation
Prior to this project being advertised for bids , the Responsible Party will certify in writing lo
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 require d.
Any acquisition/relocation activities must comply with all federal and state statutes ,
regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act
regulation, the FHWA Project Development Guide and CDOT'~ Right of Way Operations Manual .
Allocation of Responsibilities can has follows:
• Federal participation in right of way ac quisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right of way-3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) but no partic \palion in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (311 charges) and reloc ation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibiliti es. The Local
Agency's and the St ate's responsibilities for each option is specifically set forth in CDOT's Right of
Way Operation Manual. The manual is located at
http://www .dot .state .co.us/Deve)opProjects/DesignSupport .
Page 10 of 18
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Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing to the State that all such
clearances have been obtained .
Section 9. Railroads
In the event the Project involves modification ofa railroad company's facilities whereby the
Work is to be accomplished by railroad company for ces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of the
proposed improvements and not proceed with that part of the Work without compliance . The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects
involving railroad facilities, including :
2.
3 .
4.
5.
Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation .
Obtaining the railroau•~ detailed estimate of the cost of the Work .
Establishing fut ure maintenance responsib ;:i tics for the proposed installation .
Proscribing future use or dispositions of the proposed improvements in the eve nt of
abanr.onment or elimination of a grade crossing .
Establishing future repair and/or replacement responsibilities in the event of accidental
destruction or damage to the installation .
Section I 0. Envlronmental Obligations
The Local Agency shall perfonn all Work in accordance with the requirements of the current
federal and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable .
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements conslt ~cted under this contract
at its own cost and expense during their useful life , in a manner satisfactory to the State and FHW A.
The Loc al Agency will make proper provisions for such maintenance obligations each year . Such
maintenance and operations shall be conducted in accordance with all applicable statutes , ordinances
and regulations which define the Local Agency's obligations to maintain such improvements. The
State and FHW A "ill make periodic inspections of the project to verify that such improvements arc
being adequately maintained .
Page II of IS
Section 12, Federal Requirements
The Local Agency and/or their contractor shall at all times during the execution of this contract
strictly adhere to, and comply with, all applicable federal and state laws, and their implementing
rerulations, as they currently exist and may here after be amended . The contractor shall also require
compliance with these statutes and regulations in subgrant agreements pem1itted under this contract.
A listing of certain federal and st ale laws that may be applicable are described in Fxhibit J.
Section 13. Record Keeping
The Local Agency shall maintain a complete file ofnll records, documents, communications,
and other written materials which pertain to the costs incurred under this contract. The Local Agency
shall maintain such records for a period of three (3) years afle r the dat~ of termination of this contract
or final payment hereunder, whichever is later, or for such further peiiod r.s may be necessary to
re solve any matters which may be pending . The Local Agency shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the State
and FHWA to inspect the project and to inspect, review and audit the project records .
Section 14. Termination Provisions
This contract may be terminated as follows:
•
A. Te,minalion for Convenience . The Stale may terminate this contract at any time the State •
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination lo the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such terminat ion .
B. Termination for Cause . If, through any cause, the Local Agency shall fail to fulfill, in a timely and
proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
te1minate this contract for cause by giving written notice to the Local Agency ofits intent to terminate
and at least ten (I 0) days opportunity to cure the default or show cause why termination is oth erwise
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 thi s contract shall, at the option of the Stale, become its property, and the Local Agency
shall be entitled to receive just and equitable compensation for any services and supplies delivered and
accepted. The Local Agency shall be obligated to return any payments advanced under the provisions
of this contract.
Notwithstanding the above , the LocJI Agency shall not be relieved ofliabiiity to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until such
time as the exact amount of damages due to the State from the Local Agency is determined .
Page 12of18
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If after such tennination it is detennined, for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such tennination shall be treated as a
termination for convenience, and the rights and obligations of the parties r.hall be the same as if the
contract had been terminated for convenience, as described herein .
C. Tennination 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.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
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 Loca l Agency
warrants that such person(s) has full authorization to execute this contract.
Section 16. Representatives and Notice
The State will provide liaison with the Loc al Agency through the State's Region Director, Region
6, 2000 South Holly Street, Denver, Co lorado 80222. Said Region Director will also be responsible
for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to
the Local Agency.for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State's Transportation
Region 6 and the Local Agency . All communication, notices , and correspondence shall be addressed
to the individuals identified below . Either party may from time to time designate in writing new or
substitute representatives .
Ifto State:
Tony Gross
CDOT Region 6
Resident Engineer
2000 South Holly Street
Denver, Colorado 80222
(303) 972-9112
Section 17. Successors
Ifto the Loc al Agency:
Dave Henderson
City of Englewood Public Works
I 000 Englewood Parkway
Englewood, Colorado 80 110
(303) 762 -2506
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 .
Page 13 of 18
Section I 8. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and
the Local Agency . Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person . It is the express intent i,m of the State and the Local Agency
that any such person or entity, other than the State or the Local Agency rece iving services or benefits
under this contract shall be deemed an incidental beneficiary only .
Section 19. Governmental Immunity
Notwithstanding any other pro vision of this contract to the contrarY, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of an y of the
immunities, rights, benefits, protection , or other provisions of the Colorado Governmental Immunity
Act,§ 24-10-101, el seq., C.R.S., as now or hereafter amended. The parties understand and agree that
liability for claims for injuries to persons or property arising out of negligence of the Stale of
Colorado, its departments, institutions, &gencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-10 I, el seq ., C.R.S., as now or hereafter amended and the risk
mana ge ment statutes ,§§ 24-30-1501, el seq., C.R.S., as now or hereafter amended.
Section 20. Severability
•
To the extent th at 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 decl ared in valid or beco me inoperative for any reason ,
such invalidity or failure shall not affect the validity of any other term or pro vision hereof.
Section 21. Waiver
The waiver of any breach of a term , provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement , or
of any other term, provision or requirement.
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties ,
No prior or contemporaneous addition, deletion , or other amendment hereto shall have any force or
effect whatsoever, unless embodied herein by writing. No subsequent novation, renew al, addition,
deletion , or other amendment hereto shall have any force or effect unless embodied in a writing
executed and approved pursu ant lo the State Fiscal Rules .
Section 23. Survinl of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this contract and the exhibits and attachments hereto which may require continued •
Page 14of18
•
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•
perfonnance, compliance or effect beyond the tennination date of the contract shall surviv, such
tennination date and shall be enforceable by the State as provided herein in the event of such failure to
perfonn or comply by the Local Agency.
Section 24. Modlncatlon and Amendment
This contract is subject to such modifications as may be required by changes in federal or State
law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein . Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law .
Section 25. Funding Letters
The State may allocate more or less funds avai lable on this contract using a Funding Letter
substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee .
The funding leller shall not be deemed valid until it shall have been approved by the State Controller
or his designee .
Section 26. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency
Contract Administra tion Checklist regarding DBE requirements for the Work, except that if the Local
Agency desires to use its own DBE program to implement and administer the DBE provisions of 49
CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for
revi ew and approval before the execu•ion of this contract. If the Local Agency uses its program for
this contract , the Local Agency sh all be solely responsible to defend that DBE program and its use of
that program against all legal and other challenges or complaints, at its sole cost and expense . Such
responsibility includes , without limitation, detenninations concerning DBE eligibility requirements
and certification, adequate legal and factual bases for DBE goals and good fa ith efforts. State
approval (if provided) of the Local Agency's DBE program does not waive or modify the sole
responsibility of the Local Agen cy for its use as described above.
Section 27. Disputes
Exc ept as otherwise provid ed in this contract , any dispute concerning a question of fact arising
under this contract which is not disposed ofby agreement wi ll be decided by the ChiefEngineer of the
Dep artment ofTransportation. The decision of the ChiefEngineer will be final and conclusive unless,
within 30 calendar days after the date of receipt of a copy of such wrillen decision, the Local Agency
mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the
Department ofTransportation . In connection with any appeal proceeding under this clause, the Local
Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
perfonnance of the contract in accordance with the ChiefEngineer's decision . The decision of the
Page 15 of 18
Executive Director or his duly authorized representative for the dctcnnination of such appeals will be
final and conclusive and serve as final agency action . This dispute clause docs not preclude
consideration of questions of law in connection wi th decisions provided for herein . Nothing in this
contract, however, shall be construed as making final the decision of any administrative official,
representative, or board on a questio11 of law.
Section 28. Single Audit Act Amendment
All state and lo cal government and non-profit organization Sub-Grantees receiving more than
$500,000 from all funding sources , that are defined as federal financial assistance for Single Audit Act
Amendment purposes , shall comply with the audit requirements of 0MB Circular A-133 (Audits of
States, Local Go vernments and Non-Profit Organizations) sec also, 49 CFR 18 .20 through 18.26 . The
Single Audit Act Amendment requirements that app ly to Sub-Grantees receiving federal funds are as
follows:
a) If the Sub-Grantee expends less than $500,000 in Federa l funds (all federal sources, not just
Highway funds) in its fiscal year the n this requirement does not apply .
b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20 .205) then a program specific
audit shall be perfonned. This audit will examine the "financial" procedures and processes for this
pro&'!'am area .
c) If the Sub-Grantee expends more than $500 ,000 in Federal funds , and the Federal funds are
from multiple sources (FT A, HUD , NPS, etc .) then the Single Audit Act applies , which is an audit
•
on the entire organization/entity. •
d) Single Audit can on ly be conducted by an independent CPA, not by an auditor on staff.
e) An audit is an allowable direct or indirect cost.
•
Page 16 of 18
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S«don 29. · :. ·:· -SPECIAL -PROVISIONS
', ,• :. . ~--.. ,.. .
{for Y■t Only Ydth lnlfr·GoYICODllDlfl CaOVIG&t)
1. CONTROLLER'S APPROVAL, CRS 2•-30-i02 (1)
Thl1 contrlct ahall not be deemed valid unut It hll been IPJ)rovtd by lht ;ontroller of the S1111 of Colorado Of luch 111l1t1nt II ht may
dHlgn1te.
2. FUND AVAILABILITY. CRS 2H0-202 (5 .5)
Fln1ncl1I obllg1tlon1 of the Stale of Cok>rldo payatMe after the CUfflnl fl1cal year are contingent upon fund, kw' lhat porpote being appropriated,
budgeted, and olhlrwlH made 1v1H1bl1.
J . INDEMNIFICATION
To the e•tent authorized by law, the contrador ahall lndemnlfy, AWi, and hold h1rml111 Iha Stitt 1galn1t any and all d1lm1, damages , llablltty
and court award, lndudlng costs , expenu1 , and attorney fees Incurred 11 1 result of any act or omi11lon by lhe Contraclof', or lt1 employees ,
agents, subcontractors, or 111lgnH1 pursuant to the term, of this contract .
No term or condlUon or 1h11 contract shall be construed or Interpreted 111 waiver, expre11 or lmplled , of any of the Immunities , rights, benefits,
protection, orotherprovl1lon1 forlhe part111 , of the Colorado Governmental Immunity Act,CRS 24•10-101 etaeq . ortheFedaralTortClalmsAd,
28 U.S.C. 2671 at seq. 11 epplieeble , 11 now or hereafter amended .
•· INDEPENDENT CONTRACTOR . 4 CCR 801 -2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE .
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHAL L 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 BY 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 CONTRACTOR, ITS EMPLOYEES AND AGENTS .
5. NON-DISCRIMINATION .
The contractor agrees to comply with the latter and the spirit of all applleebla 1tate and federal laws raspecUng di1crlmlnaUon and unfa ir
amploymenl practices .
6. CHOICE OF LAW .
The laws of the State ol Colorado and rules and regulaUon1 Issued pursuant thereto &hall be applied In lhe lnterpretlUon, execution , and
enforcement of this contrad. Any provl1lon of this contract, whether or not lnCOl'J)Ofated herein by reference , which provldt1 for arbitration by any
aictra -Judicial body or peraon or which 11 otherwise In conflict with uld laws, rule,, and regulaUon1 shall be considered null and void . Nothing
contained In any provision lncorporaled herein by reference which purports lo negate this or any other special provisk>n In whole or In part lhall
be vaHd or enforceable or avallabla In any action at law whether by way of complaint, defann, or otherwlsa . Ally provision rendered nuN and void
by the operallon of this provision will not lnvalld1ta the remainder of this conlrad lo the extent that the contrlct 11 capable of Hacutlon.
At all tim11 during Iha performance of lhlt contract. the Contractor shall 1trlctly adhere lo all appUcallle fedtral and 1tata laws , rules, and
regulaUon1 that have bean or may hereafter be aatabll1hod . •
7. SOFTWARE PIRACY PROHIBITION Governor's Ex&cuUve Order O 002 00
No Stale or other public funds payable under this Contract 1h1H be uaed for the acqul1ltlon , opera Hon , or maintenance of computer aortware In
vlolaUon of Un lied State, copyright lawa or applicable Hcenslng realr1c:tlon1 . The Contractor hereby cer1 1n11 that, for the term of th It Contrtct 1nd
any axtenslon1, the Contractor has In place appropriate 1y1l!'l m1 and controls to prevent 1uch Improper u•• of pubMc fund,, If Iha State
determine, that the Contractor 11 In violation of thl• paragraph , the State m11y exercise any remedy avaliable al law or aqulty or under this
Conlrad, lndudlng , without limitation, Immediate termination of Iha Conlract and any remedy conailtent with United Stataa copyright IIWI or
1ppllcable llc:entlrlQ realrldlon1 .
e. EMPLOYEE FINANCIAL INTEREST. CRS 2•-1s-201 & CRS 2••50-507
The algnatoriet aver that lo their lc.~ge, no employee of the Slate ol Colorado h11 any pe,10nal or beoelh:Ul interest whatloever In the
NIVlce Of property dHcrtbed hentln.
Efftcttve Data : August 1, 2005
Page 17 of 18
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR :
City of Englewood
Legal Name of Conlrecllng Entity
848000580
Soc ial Security Number or FEIN
Signature of Authorized Offi ce r
Print Name & TIiie of Authorized Officer
CORPORATIONS :
(A corporate attestation Is required .)
STATE OF COLORADO :
BILL OWENS , GOVERNOR
By ----=E,-,e-cu_U,...ve-D""l_re_cto_r _______ _
Department of Transportation
LEGAL REVIEW :
JOHN W, SUTHERS
ATTORNEY GENERAL
By ______________ _
AtteSI (Seal) ~6-orpo,a=""1e""Sec-cr-e-.-ta_ry_o,-:· e'""ou""1,-,1,-en""t,-or-=r'""own1---=c"'11y1C-=oon--,-ty""C::-le.,..,..rl<) (Place corporate seal here , If avail•~•)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
•
•
CRS 24-30-202 requ ires that the State Controller approve all state contracts . This contract Is not valid until Iha State Controller,
or such assistant as he may delegate , has signed It. The contractor is not authorized to begin perfonmar .se until the contract Is
signed and dated below. If perfonmance begins prior to the date below, the Slate of Colorado may not be obligated to pay for
the goods and/or services provided.
STATE CONTROLLER :
LESLIE M. SHENEFEL T
By ______________ _
Dale _____________ _
Effective Dute: August 1, 2005
• Page 18ofl8
Colorado Dop1rtm1nt ofTran■portaUon Orig~ Coto: 01117/2006 Proj■ctccdo: 14808 IST!Pnu-. Dll6 124
DESIGN DATA RtvlHOate:
0 engllah Rlvlalonfl:
Region : 06
Stltua: • preliminary Q rin1I
P,oporod by: Rovtald by.
CAndemn I I
0111: 01/1712006 0,11 : I I
Submitted by Proj .Mgr Approv1d by Pr1con1tructlon EnglnNr.
ANDEllSONCM
Doto: 0J/21 /2006
G.ographlc locltlon:
Broadway: Tufts to Bell eview
Tlffaln type : 0 Level Q Pt■l na Q R~tlng
Project number. STE MJ95 •011
•• ••
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Projoct do■crlplon: BROADWAY : TUFTSTO BELLE l'IEW
County1 : Ar■p■hoc Coun~2 : ICou•~~
Munlclpallty: Enalcwood
SYt,ltm code : Other FIOtf1I-AJd Highway
Ovtralght Exempt
Pl1nnld length : 0.667
e Urben 0 Moun\alooua
011crlptlon or prapcHd conatrucUon/!mprove 'l'ltnl (attach map ahowlng site locallon)
Con1truc1 raised, pl1n1cd/i rris11cd landsctlped medians . Env ironmcnlal studies, Desi gn and Construction arc incl uded in the project No R.O.W.
1cqui1ilion is required .
F acllllv location
Faclllty ADT DHV DHV % trucks ADT DHV Industrial Common:lal Rtsldentlal
A SH 75 43100 3879 3.9 47410 4267 u ~ 0
□ □ J
I u u u
Other
□ u
u
Route Refpt Endr11fpt Functional cl1111ficatlon Faclllty type Rural code
1. 75 1.227 1.894 N SdwyCtm
-f----,f----f----+--------+-----'--+----'----l Not Roadway > 200,000
2.
3,
IJ Design Standerda (Id "J!~ substandard 11\1'.\'7,'th I checkmart;lnJ !' column and darlly ln remarks) C,.
Standard Exl1llng Propoaed Ultlmate Standard Existing Proposed UIUmata Slanelerd Existing Proposed UIUmate
Surface type
fJ Typlcal mtlon typo 8 #oflravelllnu
O Width of tn11vt1I lan11
□!:::,:~~= 8 Stdo elope dot. ("z'l
Median width B Po,tldaooed
B Oeslgnspnd
Max. 1uperelev1tlon
D Min .rid~,
O WR. horizonta l ssd
B Min . vlf1QI asd
Mu. grade
ASP H ASPH ASPH
6
12
4l
so
6
II
12-16
45
50
5.1
6
II
12-16
45
lO
5.1
Project undw O 1 R O 3R O 4R e other: att«ta Elllatlng guardrail meet, current 1lllndard 1: e Yea O No I-V-.t.;.■nco __ ~_ml_rlm;::_um_d_u..::~::.n_ollnd_o.crdo:::...roqlllred---=:..Q_Yo-,..:.=N=o=;:;1□==s=o=-lo-'~-'profed-~Commenta:
.aD Ju1Ullcatlon altlChed RReque1I lo be 1ubmllled Not 1D 111ndan:11
I □ Bridge (IN Item .. ) SH rem.tts addrtased
,tructtoo
/!i'::".:::, concomlng Nfoty 1tpedt ott ■chld
CDOT Form '413 12/ZOO:I
1 of 2 Exhibit A
Pogo 2 ""feclCode: '108 jPtojodNu-. STEM39l-011 IReYIHDooa:
II Mljor ltnu:ture1
E!2 -~~-_.. .• uucturi.:..] Stondon! SINdurt Horbontal V"1Jeol Yoor
••-··• .. ·• in• IT , -~• I••• •-•r • ...... _,_, __ ~~ Width RdwY ..• Cleoronco C111rance .... •
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Pro posed trHtmen1 or bridgtt to remain In p(1ce (lddr111 bl1dge r1U, ca pacity, 1nd 1llow1b111urflce thlcknall)
NIA
~ Project Ch1rac;terl1llc1 (p,oposed) Modlon typo : 0 doprffsed Q polntod • rilled 0 none
LIQl,Ung n Handicap r1mp1 -JTr1fflccontrolalgn1II l ✓IStrip;,g
I ✓ Cutt:> and gutter I ·1 curbon~ ✓)L1ft-tum11ota I I con Unuou, wldlh • II
Sldtwalk width • f 7 Blkewav wkfth • lRlaht-1um1loll r l conlnuou, wldlh •
Parklng lane wkfth • r l Delou ra Slanina : f7loon1tructlon r lpermanenl
Landscape requirements: (descripUon) Other: (dascrtpUon)
II Righi of Way Yes No Eal.No. II UllllllH (1111 name, ot known uUllty companies)
ROW and/or perm . easement required : 0 • ---Xcel Energy, Qwest , Comcast Cable, Ocn\lcr Water Dept,
Relocation required : 0 • Englewood utilit ies ---Temporary easemen t required: 0 • ---Changes In access : 0 • ---Changes lo connecting roads : 0 • QI Railroad cro11lng1 • or crossings : • 1Agreemenll
Railroad Name required PrHent protection Condition of x'lng, , □
2 u
3 u
' u
Recommendations :
El1Envlronmental
Tyle:
l'ffr.'Nrir;d 1124106
I Coordln1Non
Withdrawn land, (power sites, reHfVOlrs, etc.) deared through BL M f0f81I Hrvio. ... I irrl;IUOf' dilch nam11 :
New traffic ordinance required I I I Modify 1chtdule of exlttlng ordinance I Munlclpo*y:
Other:
IIIConetructlon method noAdReaon: 0 Oetlgn Q Lo.,alFIA
Dave Henderson
Advo"'•od l,y: Q Stole Q P.O, Q RRF/A Entity/Agency -.,lact name :
• Local 0 Study Q UlllllyF/A Phono nu-. 303-762-2506 0 None Q CDOTF/A 0 Mltcellaneoua
la Romorb (lndudo addlllonol -•II•-) • Rev iewed by LAG 03121!06.
Origlnal lo: Central files Copl11 to: Regk>n Fltn, Region Environmental Program Manager, Steff ROW , S11,r Bridge Of other when appf09tiete
2 of 2 Exh ibit A
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LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exblblt B
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EXHIBIT C FUNDING PROVISIONS STE M395-011 (14808)
A . The Local Agency has estimated the total cost the Work to be $750 ,000 .00 which is to be
funded as follows·
1 BUDGETED FUNOS
a. Federal Funds $600 ,000 .00
(80% of Participating Costs)
b. Local Agency Matching Funds $150,000 .00
(20% of Participating Costs)
Local Agency Match ing for COOT •
c. Incurred Non-Partlclpetlng Costs $0.0C
(Including Non-Participating Ind irects)
froTAL BUDGETED FUNDS $750,000 .00
2 ESTIMATED COOT-INCURRED COSTS
a. Federal Share $0 .0(
(80% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0 .00
Non-Part ici pating Costs (Including Non-
Participating Indirects) $0 .00
Estimated lo be Billed to Local Agency $0 .00
TOTAL ESTIMATED COOT-INCURRED COSTS $0 .00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $600 ,000 .0C
b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYME NT TO LOCAL AGENCY $600 000 .0C
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount ($600,000.00
di11ided by 80%) $750 ,000.0C
Less ROW Acquisition 3111 and/or
ROW Relocation 3109 $0.0C
Net to be encumbered as follows: I s1so ooo .oc
Designl 2312 1 P 13020 I $95 000 .00
ConsU 2312 1 P I 3301 I $655 000 .00
Exhibit C -Page I of 2
B. The matching ratio for the federal participa1ing funds for this project is 80% federal-aid funds
(CFDA #20 2050) to 20% Local Agency funds, it being understood Iha! such ratio applies
only to the S7SO,OOO.OO ($600,000.00 Federal Funds and $ I 50 ,000.00 Local Agency
Malching Funds) that is eligible for federal participation, ii being further understood that all
non-participaling costs arc borne by the Local Agency at I 00%. lflhe total participating cost
of performance of lhe Work exceeds $750,000.00, and ad dilional federal funds are made
available for the project, the Local Agency shall pay 20% of all such costs eligib le for federal
participation and I 00% of all non-participating cos ls; if addilional federal funds are not made
avai lable, lhe local agency shall pay all such excess cosls . If the total participating cost of
performance of the Work is less than $750,000 .00, then the amounts of Local Agency and
federal -aid funds will be decreased in accordance wilh lhe funding ratio described herein.
The performance oflhe Work shall be at no cost lo lhe Slale.
C. The maximum amount payable lo lhe Local Agency under I his contracl shall be $600,000.00
(For COOT acco unting purposes, the federal funds of $600,000.00 and local matching
funds of$150,000 .00 will be encumbered for a total encumbrance of$750,000.00), unless
such amount is increased by an appropriate written modification lo this contract executed
before any increased cosl is incurred . It is undcrslood and agreed by the parties hereto that
the total cost of the Work stated hereinbefore is the best estimate avai lab le , based on the
design data as approved at lhe time of execution of this contract, and lhal such cosl is subject
lo revisions (in accord with the procedure in the previous sentence) agreeable to the parties
prior lo bid and award.
D. The parties hereto agree that lhis conlract is contingent upon all funds designaled for lhe
project herein being made available from federal and/or slale and/o r Local Agency sources,
as applicable . Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein , the conlracl may be lerminaled by eilher party, provided that
any party lerminating its inlerest and obligations herein shall not be relieved of any
obligations which existed prior to the effeclive dale of such lerminalion or which may occur
as a resull of such termination.
Exhibit C -Page 2 of 2
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Exhibit D
Certification for Federal-Aid Contracts
The contractor certifies , by signing this contract, to the best of its kno wledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf or the
undersigned , lo any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress , or an employee of a
Member of Congress in coMection with the awarding of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid lo any
person for influencing or attempting to influence an officer or of Congress, or an employee of a
Member of Congress in coMection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standa~j Fonn-LLL , "Disclosure Fann to Report
Lobbying," in accordance with its instructions .
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into . Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code . Any pers on who fails to
file the required certification shall be subject to a civil penalty of not less than $10 ,000 and not more
than $ I 00,000 for each such failure .
The prospective participant also a1,'1'ee by submitting his or her bid or proposal that he or she sh all
require that the language oftl:is certification be included in all lower tier subcontracts , which exceed
$100 ,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
Exhibit D -Page I of I
• DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION I. Policy.
Exhibit E
It is the policy of the Colorado Department of Transportation (COOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement, pursuant lo 49 CFR Part 23 .
Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation
DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this
agreement.
SECTION 2. DBE Obligation.
The recipient or its contractor agrees to ensure that disadvantaged bu, ·.,tess enterprises as determined
by the Office of Certification at the Colorado Department ofRegula,ory Agencies have the maximum
opportunity lo participate in the performance of contracts and subcontracts financed in whole or in
part with Federal funds provided under this agreement. In this regard , all participants or contractors
shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local
Agency DBE Program approved in advance by the State) to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts . Recipients and
their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of COOT assisted contracts .
• SECTION 3 DBE Program.
•
The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed lo the contractor upon request:
Business Programs Office
Colorado Depart.nent of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone : (303) 757-9234
revised l /22/98 Required by 49 CFR Part 23 .41
Exhibit E -Page I of I
ExhibltF
COLOAAOO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY :
-~INC INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Polley letter on June 12, 1996
lete section 1 and submit to COOT Controller's office . COOT Controller letter on Mav 2 3 1996 ._
(l)Thls form to be used for the following contracts /situations only (check the appropriate situation):
_Indefinite quantity, order more /add more _utlllty/rallroad, underestimated total cost
_COOT constr uction , sum of CMO's _LA construction , underestimated cost
COOT construction underestimated total cost COOT consultant underestimated cost
SECTION I fReolon usel
Date: (2) Prolect code (3)
To : COOT Controller (FAX #(303) 757 -9S73 or e-mail CONTROLLER) Project# (4)
From : I Office: IS) Phone# IS) I FAX# (5)
Realon # IS)
COOT has e>eecuted a contract with : (6)
Address : (6)
FEIN# (6) Contract routing # (7) COFRS en t umbr~r,te I (I nd icate PO , SC or PC I )
(8)
Fund I Orgn . I Appro . I Prgrm. Fune . , Object /Sub-obj N/P I CBL Reporting Catg. I ProJ /Sub /Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9) .,a' contract amount Has a Bu dget Request been processed to cover the contract amount increase?
ves no 114)
Pr evious Fund ing l etter (s) total Pr epare r's name (1 5)
S (11)
ffund lr,gl t\ltr fl thrul_) PHONE NO :
This Fund ing Letter total Contract Administrator's /Business Manager's Appro val
s (12) (16)
II__J FH OME NO :
Adjusted contract amount COOT Des lgnee Approval
S (13) (17)
Local Agency approval
(18)
SECTION 2 !Controller's Office use) (19)
Total allotment amount Commission budget
s (19) s (19)
If construction : I CE charges I Indirect chgs I AdJust,d contract amoun, plus total CE & Indirect
_CE pool ellg . (19) S (19) S (19) charges calculation S (19)
~,re viewed the financ ial status of the project, organizat ion , grant and have determined that sufficient funds are ava l:able
er this increase effective as of (19) -State Controller or Oelegee I Date
120) (20)
Exhibit F -Page I of I
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ExhlbltG
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party a11igned for each task.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (COOT) Project
Manager, Local Agency project manager, and COOT qesident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and COOT. The COOT Agreements Unit will not process a Local Agency agreement
without this completed checklist. It will be reviewed at the Final Office Review meeting
to ensure that all parties remain In agreement as to who is responsible for performing Individual tasks .
xv
Exhibit G
t I.OLORADO DE PARTMENT OF TRANS PORTATION
OCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. I STIP No . I Project Code I Region
STE M395-01 t DR61 24 14808 06
Project Location I Date Broadwa y: Tufts to Bell evi ew
0512512006
Project Oescnptlon
Broadwa y: Tufts 10 Boll evlew Median
Loca l Agency Lo cal Agency Project Manager
Da ve Hend erso n
Cltv of Enolewood
COOT Res ident Eng ineer COOT Project Ma nag er
Tony Gross Ca rol Anderson
INSTRUCTIONS :
This checklist shall be utili zed to est abl ish the contract administration res pon sibilitie s of th e individual parti es to this agreement.
Th e checklist beco mes an attachment to th e l ocal Agency agreement. Section num bers correspond to the applicable chapters
of the COOT Local Agency Manus/.
Th e checklist shall be prepared by placing an "X" under the responsi bl e p•irty, opposite each of th e tasks , The "x· denotes the
party responsible for in iti ating and exec uting the task . Onl y one respon slb le party should be selected . When neither COOT nor
the Local Agency Is responsible for a to:::t, not applicable (NA) shall be noted. In addiUon , a"#~ wlll denote that COOT must
concur or approve.
Tasks that will be performed by Headquarte rs staff will be ind icate d. The Regions, In accordance wi th established po licies and
proc edures , wi ll determ ine who will perform all other tasks that are the respo nsibility of COOT. ~ .e checklist shall be prepared by th e COOT Resident Enginee r or the COOT Pro jec t Manager, in cooperation with the Lo cal
Ag ency Proj ect Manager, and submitted to the Reg io n Prog ram Engin ee r. If co ntract administration respon o;lb Il lie s chan ge, the
COOT Resi dent Enaineer in coooeration with th e Local Aae11cv Proiect Manaa er, will oreoare and dis tribute ii ,c,..1 sc d checkllst.
RE SPONSIBLE
NO . DESCRIPTION OF TASK PARTY
LA COOT
TIP/ STIP AND LONG-RANGE PLANS
2-1 Re vie w to ensure consistencv with STIP and amendments thareto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by ph ases (COOT Form 418 -Fedo ral -al d Program Data . Requires FHWA X
1-----• I:oncurrence/lnvolvemenl)
PROJE CT DEVELOPMENT
5-1 Preoare Oesian Data -COOT Form 463 X X
5-2 Pr eoare Local Aoencv/CDOT Inter-Governm ental Aare ement (s ee also Chaoter 3) X ,..u__ Condul!t co nsultant selection /execute aareement X
5-4 Cono uct De slon Scooi no Review moetina X ~--5-5 Co nduct oubllc Involvement X
5-6 Conduct Fle ld lnsoecllo n Review X X
5-7 Conduct environmental orocesses <mav reauire FHWA concurrence/involvemenll X X
5-8 Acau lre ria hl -of-wav lmav reou ire FHW A concun-ence/involvemenn X
5-9 Obtain utllltv and railroad aoreements X
5-10 Conduct Final Office Revi ew X X
5-11 Justifv force account work bv the Loca l Aaencv X
5-12 JusUfv oroonetarv Items X
5-13 Document deslan excea tio ns -COOT Form 464 X
... ,4 Preoare plans scecmcatlons and construction cost estimates
-5 Ensure authoriza tion of funds X -
COOT Form 1243 01ftl2 P1ge1 of 4
Previous editions art obsolete and may not be UHd
Exhibit G
RESPONSIBLE
NO . DESCRIPTION OF TASK PARTY
LA COOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Un de rulillzed Disadvan tag ed Bus iness Enterprise (UBOE) goals for consultant and X
~ _co nstructio n Co ntracts (COOT Realon EEO /Ctvll Riahts Soeclalisl)
Determine ac5licabllity of Da vis-Bacon Act X
Th is project is i Is not exe mpt from Davis-B acon requirements as determined by the
fun ctio nal classifica tion of the project location (P rojects locate d on loca l roads and rural
minor coll ectors ma y be exe mpt.)
Q~/25 /200§
COOT Resident Enaineer Date
6-3 Set On-the-Job Training goals . Goal is zero If total construction Is less than $1 mill io n (COOT X
Reo ion EEO/Clvll Rlohls Soeclallsll
' Ensure th e correct Federa l Wage Decis ion , all required Disadvantag ed Bu siness X
Enterprise/O n-the-J ob Training spec ia l provi sio ns and FHWA Form 1273 are Incl uded In the ... Contract tCOOT Resident Eno ineer)
ADVERTISE, BID AND AWARD
7-1 Obtain aoorova l for advertise ment oeriod of le ss than three weeks X
7-2 Adve rtise for bids X
7.3 Distri bu te "a dvertisement set" of a1ans and soecificallons X
7.4 Re view worksite and plan details with prospective bidd ers while project is under X
adve rt iseme nt
7.5 Ooen bids X
7,6 Pro cess bids for comnliance .. , ', ~·' .
\fi.t?< Check COOT Form 715 • Certifi cate of Propose d Underutilized DBE Participation when the
lo w bi dder meets UDBE ooals X
;Ji:\ Eva luate COOT Form 718 • Underutilized DBE Good Faith Effort Do cumentation and
determi11e If the Contra ctor has made a good faith effort when the low bidder do es not meet X
DBE coals
... , ... ,''•'.1'· Submit rea ulre d documentation for COOT award concurrence X
7.7 Concurre nce from COOT to award X
7-8 Aoorove reiectio n of low bidder X
7.9 Award Contract X
7-10 Pro vi de ·awa rd " and "reco rd" .o;ets of cla ns and rnecificatlons X
CONSTRUCTION MANAGEMENT
8-1 Issue No tice to Pro ceed to the Contractor X I
8-2 Conduct conferences :
i~~1;ii•~;-t 1 Pre con structlon •an ..... ndix Bl X -~-• Constructio n staking X
• Monumentallon
Partn erina fOotlonal X
Structural Concrete Pre-Pour (Aaenda ls In COOT Construction Manua/J X
~ete Pavement Pro-Pavina (Aoenda Is In COOT Cons/ruction Manua/J X
.1,,~;'~';{i'.:f("" HBP Pre-Pavlno tAoenda Is In COOT Construction Manus/I X
8-3 Develoo and distribute Public Notice of Pl ann ed Construction to media and k>cal re si dent s X
8-4 Suoervlse constru ct ion
}/$:i A Profe ssio nal Engin eer (PE) regi stered in Co lora do, who wlll be Mir: respo nsib le charge of
co nstru ctio n supervision .•
J.~{~};/ X
L~:r!Y NimmQ ~QF~N~Q4
Lo ca l Agency Professional Eng ineer or Phone numbe r
... , .. COO T Resident Eno lnee r
COOT Form 1243 07102 Paga2 of 4
Previous ed ltlon1 are ob10\ete i nd m ■y not be UH d
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Exhibit G
RESPONSIBLE
4 t'0 · DESCRIPTION OF T.t,SK PARTY
LA COOT
' ., Provide competent, experienced staff who will ensure the Contract work Is constructed In
.,, accordance with the clans and soaclficatlons X
Construction insoectlon and documentallon X
9.5 Araorove shoo drawings X
8,6 Perfonn traffic control lnsoectlons X
8-7 Perform construction survevmr X
8-6 Monument riaht-of-wav X
8-9 Prepare and approve Interim and final Contractor pay estlmal~t1 X
Provide the name and phone number of the person authorized for this task .
li1~Nlmm2 JQF6N~Q4
Local Aoencv Reoresentatlve Phone number
6-10 Preoare and acorove Interim and final utllltv/rallroad bllllnas X
6-11 Preoare local Aaencv reimbursement reauests X
6-12 Preoare and authorize chance orders X
6-13 Aocrove all chanae orders X X
6-14 Monitor orolect financial status X
6-15 Preoare and submit ress reoorts X
6-16 Resolve Contractor ~1~1mtjdi!;□utes X
6-17 Conduct routine. random pro1ec1 reviews
Provide the name and phone number of the person responslble ror this task . X
it :[Qn~~rQH ~QJ-m-~11z
COOT Resident Enalneer Phone number
MATERIALS
9-1
9-2
9.3
~
9-5
9-6
9-7
9-8
9.9
"'-10 .,
Conduct Materials Preconstruction meelino X
COOT Form 250 -Materials Documentation Record . Generate form , which includes determining the minimum number of required tests and X
applicable material submiltals for all materials placed on the project X . Update the form as work prc~resses X . Comolete and distribute form ofter work is comoleted
Perform oroiect acceotance samules and tests X
.orm laborntorv verlflcatlol'\ teats X
Al.1..ept manufactured products
Inspection of structural components : X . Fabrication of structural steel and pre-stressed concrete structural components
Bridge modular expansion devices (O" to 6" or greater)
Fabrication of bearlna devices
Aoorove sources of materials X
Independent Assurance Testing (IAT), Local Agency Procedures l1SI COOT Procedures U
• Generate IAT schedule X
Schedule and provide notificallon X
Conduct IAT X
Approve mix designs X . Concrete X . Hot bituminous oavement X
Check final materials documentation X
Comolete and dlstr1bu1e final matar1als documentation X
COOT Form 1243 07/02 Pagt3 of 4
Prtvlou1 tdltlon1 ■rt ob1oltlt ind may not bt u11d
Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill pro/act bulletin board and preconstructlon packet rea ulrements
10-2 COOT Form 205 • Sublet Penn i! AppllcaUon
Review and sign completed COOT Fenn 205 fo r each subcontractor , and submit to
EEO/Civil Rlahts Soeclallst
10-3 Conduct employee Interviews . Complete COOT Fenn 280 • Equal Employment Oppcrtunlty
and Labor Compliance Verification
10-4 Monitor Disadvantaged Business Enterprise partJcipatkm to ensure compliance with the
Mcommercia11v useful functlonM reoulrements
10-5 Conduct tra inee Interviews . Complete COOT Fonn 200 -OJT Train ing Ouestlo ,,n•,re when
orolect utilizes on-the-lob trainees
10-6 Check c.:ertlfied oavrolls tContact the Rec lon EEO/CM Riahts Soeci1Usts '°' tralnlna roo ~lreme ntsJ
10-7 Submit FHWA Form 1391 • HIQhwav Construction Contractor's Annual EEO Report
FINALS
11-1
11-2
11 -3
11-4
11-5
11-6
11-7
11-8
11-9
11 -10
11-11
11-12
Conduct final project Inspection, and complete and submit COOT Form 121.: • r-111al
Acceptance Report (Reside nt Engineer with mandatory Local Agency partlrl •'1cn.1
Write final orolect accep tance letter
Advert ise for final settlement
Prepare and distribu te final As-Constructed plans
Check final ouantltles final olans an d th e final oa v estimate
Check material documentation and submit final material certificatio n (see Chaoter 9l
Obtain COOT Form 17 -Contractor DBE Payment Certificatio n from the Conlactor and
suhmll to the Resident Ena lneer
p
Oblain -Statement of Materials and Labor Used
Comole te and submit COOT Form 950 -Prefect Closure
Retain oro lect records for she vears from date of oro lect closure
Retai n final version of this ch rtCklist and distribute cooles
cc : COOT r 1sident Eng inee r/Project Manager
COOT , :igio n Program Engin ee r
COOT Region EEO/Ci vil Rights Specialist
COOT Reg ion Materials Engineer
COOT Contracts and Marl<et Analys is Branch
l ocal Ag ency Project Manager
. . • from the Contractor
X
X
X
X
X
X
X
X
X
X
X
X
X
X I -t-·--
~ ~-·7 -·-
X
X
X
COOT Form 1243 07/02 Pagelv of 4
Provloua edition, are obsolete ,nd may not be uHd
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Exhibit H
THE LOCAL AGENCY SHALL ur -THESE PROCEDURES TO IMPLEMENT FrnERAL-AID
PROJECT AGREEMENTS WITH .•ROFESSIONAL CONSULTANT SERVICES
Tille 23 Code of Federal Regula1io1U (CFR) 172 applies lo a federally funded local agency projecl agreement
administered by CDOT that involves profmion,I consullant services . 23 CFR 172 o:.J 23 CFR I 72(d) state tha~ "When
federal-aid highway funds porticipate in the contract a local shall use the same ~_. . .JCedurcs as used by the State to
administer contracts ... ". Therefore , local agencies must comply with this CFR ·~tlrcmcnt and the following state
procedures when obtaining professional consultant services under a federally fun c:~ \ constiltant contract11dministered by
CDOT .
COOT has fonnulatcd its procedures in Procedural Directive (P .O.) 400 , I and tb,. related o;.,erations guidebook titled
"Obtaining Professional Consultant Services ". lrus direclivc Bl1d guidebook inc.ort1 .. ,::e rcqlurcmcnts from both Federal
and State regulalions, i.e ., 23 CFR 172 and Colorado Revised SlalUte (C .R.S.) 24-30. 41 1 et ><q. Copies of the directive
and the guidebook may be obtained upon request from CDOT's Agreements and Consu itu.nt Managttment Unit. [Local
agencies should have their own written procedures on file fl,( each method of procurement that addresses the item~ in 23
CFR 172.S(b)(l-6)).
Because the procedures and laws described in the Procedural Directive and the guidebook are quite length y, the
subsequent steps serve as a short-hand guide to COOT prfl.;edures that a local agen cy must follow in obtaining
professional consultant service s. This guidance follows the format of 23 CF R 172 . The steps ore :
I.
2 .
J.
4.
5.
The contrllc ting local agenc y shall do cument the need for obtaining professional services .
Pz1r.1r to solicitati on for consultant services, the contract ing local agency shall develop a dctai h d scope of work
and . list of cvalua1ion factors and their relative importance . The evaluation fa ctors are those idc. 1tificd in C.R.S.
2-'-30-1403. Also, a detail ed cost estimate should be prepared for use during negoti ations .
The contra cting agency must advertise for contra cts in co nfonnity with the requirements of C.R.$. 24-30-1405 .
Th e publ ic notice period, when such notice is required, i'i a minimum of 15 days prior to the selection oflhe :lme
most qualified £inns and the ad vert ising should be do nt in one or more daily new~9apers of general circulation.
The request for consultant services should include the scope of work , the evaluation factors and their relative
imponance , the method of payment, and the goal often percent { 10%) Disadvantaged Business Enterprise (DBE)
panicipation as a minimum for th:: project.
The nnal ysis and selection of the consultants should be done in acco rdan ce with C.R.S. 24-30•1403 . Thi s section
of the regulation identifies the criteria to be used in the evaluation of COi 1T pre-qualified prime consultants and
their team. lt also shows which criteria arc used to short-list and to make a final selection .
The shon -list is ba sed on the rollowing cvnluation fa ctors :
a. Qualifi cations,
b. Approach to the proje ct,
c. Ability to furnish professional service s.
d . Anticipated design conc epts , and
e. Alternati ve methods of approach for furnishing 1he profe ssional service s.
Evaluation factors for final selection arc the consultant's:
a. Ahiliti es of their personnel,
b, Put perfonnance,
c. Willingness to meet the time and budget require ent,
d. Location,
Exhibit H -Page I of2
e. Current and projected work load,
r. Volume orprevioualy awarded contractl, and
g. Involvement of minority conau1tantl .
ExblbltH
Under 2'-30-1101, so1t shall not be souldeml u ■ C■clor In the evaluallon or erofmlonal wn1ult1nt
IWlllL
6. Once a consultant is selected, lhc local agency enters into negotiations with the consultant to obtain a fair and
reuonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater
lhan S50 ,000 . Federal r<imbunement for co111 are limited to those costs allowable under the co.st orinciples or 48
CFR 31. Fixed fees (profit) are dctcnnined with consideration given to size, complexiry, duration, and degree of
risk involved in the work. Profit is in the range ofsix (6) to fifieen ( 15) percent or the total direct and indirect
costs .
7. A qualified local agency employee shall be responsible and in charge or the project to ensure that the work being
pursued is complete , accurate, and consistent with the tcmu, conditions, and specifications of the contract. At the
end of project, the local agency prepares a perfonnance evaluation (a COOT fonn is available) on the consultant
8. Each or the slops listed above is to be documented in accordance with the provis ions or 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 or projects under litigation shall be kept at least three (3) years afier the cue 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 forcomplying
with the ei~~.\ (8) steps just discussed .
Exhibit H -Page 2 of 2
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• Exhibit I
FHWA,1213Eleetrorwc¥11'11c111NMlr'c:fl10,1"4
FHWA ~onn 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General .......... ..
II . NondltcrimlnaUon .................................................... .
111. Non1egregated Facmue, ........................................ .. rv. Pa~enl of Pradetennlned Minimum Wage .......... ..
V. Slltemenll and Payrolls ...
VI . ReconS of M1teri1l1 , Suppllet. and Labor ..........
VII , Sublelllng or Assigning the Contract ....
VIII. Safely: Accident PrevenUon .....
IX , Fal se Stalemenll Concemlng Highway Projects ...
X. lmplementatlon of Clean Air Act and Federal
Water Pollution Control Act .................................. .
XI. Certifica tion Regard ing Debarm ent, Suspensi on .
lne1ig lbillty, and Voluntary Exdualon ......•...... ..... ,
XII . Certification Regard ing Use of Con tract Funds for
Lobbying ..... . ................... 9
ATTACHMENTS
A. Employment Preference for Appalachian Contracu
(induded In Appalachian contracts only)
I. GENERAL
1. These contract provisio ns shall apply to all won: performed
on the contrad by the contractor's own organlzaUon and with the
•
assi stance of workers under the contractor's Immediate supe rin -
tendence and to all work performed on the contract by piecework,
station work , Of' by subcontract.
2. E11cept as otherwise pro vided for In each section, the
contractor shall Insert In each subcont.-act al1 of the sti~lations
conlalned In these Requ ired Contract Provi1lon1, and further
require their inclusion In any lower Uer subcontract or purchase
order that may In tum be made . Th, Required Contract Prov!·
slons shall m>t be Incorporated by reference In any case . The
prime contrador shall be responalble for compliance by any
subcontra dor or lower tier subcontractor with these Requ ired
Contract Provisions .
3. A breach of any of the sUpulallons contained In these
Required Contract Provl1ion1 shall be sufficient grounds for
termination of the contract .
4. A breach of the following clauses of the Required Contrad
Pro visions may al10 be grounds ror debarment 81 prolJided In 29
CFR5.12 :
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, -4 , and 7;
Section V, paragraphs 1 and 2a through 2g .
5. Disputes ari1lng out of the labor slandatds provisions of
Section IV (except paragraph 5) and Sectlon V of these Required
Contract Provisions shall not be subject lo the general disputes
daust of this contract. Such disputes shall be rHolYed In accor-
dancewtlh the proc:edurn of the U.S. Oeparlmentofl.abor(OOL)
as set forth In 29 CFR 5, 6, and 7. Dlapuln within the meanlng of
this ctauae lncludt disputes between the oontracto, (Of any C'lf tis
subconlrllctM) and the contracting aQ9MCY, the OOL, or thl
• oonlrlctor'a emplo)'Na or their repreunlatives.
6. Stltctlon of Labor: During the perlormance of th is con-
tract, the contractor shall not :
a. discriminate against labor from anyolhar State, posses-
sion, or territory of Iha United Stales (e11cept for employment
preference for Appalachl1n contracts, when applicable, H
specified In Attach ment A), or
b. empl oy convict labor for any purpose with in the llmlll of
the project unless II ls labor performed by con vi cts who are on
parole , supervised release , or probaUo n.
II . NONDISCRIMINATION
(Applicable to all Federal-aid conslruclion contracts and ta all
related subcontracts of $10,000 or more .)
1. Equal Employment Opportunity: Equal employment
opportunlly (EEO) requ irements not Ill discriminate and ta lake
affirmative action to assure equal opportu nity II set forth under
laws, ueculive orders , rules, regulation s (28 CFR 35 , 29 CFR
1630 and 41 CFR 60) and orders of lhe Secrelary of Labor as
niodiflecl by the provisions pre scribed herein , and Imposed
pursu ant to 23 U.S.C. 140 shan con1t:rute the EEO and specific
affirmaUve action 1tandards for the contractor's projed actMUes
under this contract. The Equal Opportunity Con1tructlon Contract
Specifications aet forth under 41 CFR 60-4 .3 and the provision, of
the Amarican DlublllU11 Adof 1990 (42 u.s.c. 12101 mm.)
set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated ')y
refere nce in th is contract. In the execution of this contract. lh:ii
contractor agrees to comply with the following minimum 1pec1Ac
requlremenl actlviUH of EEO :
a. The contractor will wonr; with lhe Stale highway agency
(SHA) and the Federal Govemment In carrying out EEO ob11ga •
!Ions and In their review of his/her acll'IIUes under the contract.
b. The contractor will accept as his oparaUng policy the
followi ng statement:
·11 Is the policy of this Company to assure that appHcants are
employed , and that employees are treated during employ-
ment, without regard lo their race , religion, se11, color,
naUona1 orig in, age Of' dlubHlty, Such action shall Include :
employment , upgrading , demoUon, or transfer, recrullment or
reaultment advertising ; layoff or termlnaUon; rates of pay or
other forms of compensation ; and ulectlon for tra ining ,
Including apprenUcelhlp , preopprenUceshlp, andJor
on •tht•Job training:
2. EEO Officer: The contractor wlM deflgnata and make
known to the SHA contracting officers an EEO Officer who wtll
have the responalblllly ror and must be capable of effectively
admlnlttering and promoUng an adlve contradorpn:,gfW'n of EEO
and who musl be a11lgned adequate authority and respon11billty
todoso.
3. D111emln1Uon of Polley, All members of the a>nlrlctor's
Slaff who are authorized 10 hlre, supervlH, promote , IOd
discharge employees, or who recommend 1uch action, or who 1re
l 'Jbslanllalty Involved In IUch action , will be made fully cognizant
Exhibit I -Pa ge l of9
ol, 1nd will implement, the contractor', EEO ?O'ICV and con1t1ctUII
re1pon1lblliUt!1 IO provide EEO In Heh g11d1 and cil11lncatkln of
employment. To en1ure that the abOve agreement wll be met. thl
following 1ction1 w\11betaken111 minimum :
1. Periodic meellng1 of 1upervil0f')' and pe110nn1I office
employeH win be conducted btlm the 111r1 ol wol1t tnd then nol
leH oftan than once every 1h1 month1 , al whleh tlma Chi contt■ct•
or's EEO policy and ltt im pllmenlltlon will be reviewed and
explained . The meeting, will be conducted by lhe EEO Officer .
b. All new 1upervi1ory or pertonnel offi01 ernpk))oef1 will be
given I thorough lndocirin■tlon by the EEO Officer, covering 111
major 11ped1 of the c.onttactor's EEO obllgaUon1 within lh lrty
dayt following their reportlng for duty with the contractor.
c. All per10nnel who are engaged In direct recrui\ment for
lhe project will be Instructed by the EEO Officer In thecootr1ctor'1
procedure, for locating and hiring minority group employees .
d. Nolit.!IS anc..1 posters selling for1h the contractor's EEO
policy will be placed in areas readily accenlble to employeea,
appHca n1s for employment and potential employeea .
t. The contractor's EEO policy and the procedure, to
lrr,plement such pulley will be brought to the attention of employ-
ee by means of meell ngs , employee handbooks, or olher
appropriate means .
~. R1crultm11nl : When advertis ing f0f'e mployee1, the contrac•
tor wlll Include In all ad ve r1lsement1 for employees the notation :
"A.1 Equal Op1,:.11unlty Employer: All such adver1isements will be
placed In pubtlcations ha ving a large drcolatlon among minority
groups In the area from which lhe project work force would
normally be derived .
a. The contractor will, unless preduded by a val id barga in•
Ing agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minority group app11cants . To meat this requirement, the
contractor will Identify sources ol polentlal minority group
employees , and establish with such ldenUfled sourc:et procedures
whereby minori ty grou p appllcanls may be referred to the
contractor for employment consideration .
b. In the event the contractor has a vaHd bargaining agree•
ment providing for exclusive hiring hall referrals, he ts el(J)9cted to
observe the provlslons of that agreement to the extent that the
system pennlls the contractor's compliance with EEO contract
provisions . (The DCL has held that where lmplementallon of such
agreements have the effect of dlsaiminating against minorities or
women, or obligates the contractor to do the same , such
Implementation violates becuUve 01, ,., 112-46, as amended .)
c. The contractor will encourage his present employees to
rerer minority group applicants for employment. Information and
procedures with regard lo referrin g minority group appllcant, will
be discossed with employees .
5. P1raonn1I Acllon,: Wages. wonting conditions , and
employee benefits shall be established and admlnlatered , and
persoonel actions of every type, lnduding hiring, upgrading ,
promollon, transfer, demotion , layoff, and termination , shall be
taken without regard lo race , color, rellglon , sex , nallonal origin,
age or dlsablllty. The ICMlowlng procedures shall be foflowed :
a. The contractor will conduct periodic inspections of
project all•• lo Insure that working cond itions and empk)yee
facllitles do not Indicate dlscrlminalory treatment ol pro/ect site
personnel.
b. The contractor will perlodlcally evaluate the spread of
wage s paid wfthln each classlfic.allon to delermlne any evidence of
Exhibit I
discrim inatory wage practices .
c. Th1conttactorwfhptrlodlc,rtyreviewHi.ctedpertOMel
1c:tlons In depltl 10 d1tarmlne wtlelhtr there 11 evidence of
dlaerimlnatbn . Wheft evidenca Is found , tht contractor will
promptly take corr,ctlve edloo. If lhl review lrldit1le1 tnal the
dlsct1mlnatlon may 1X1end beyond tha actions reviewed , 1uch
corrective action shtll lnclude au affected per1on1 .
d. The contractor win promptly lnV11stlgate all complaints ol
alleged dl1ct1mlna tlon m1'11 lo the contractor In connection with
his obligatlons under this conlract, will attempt lo reaolve such
complaints , and will take appropriate corrective action within a.
r111onable Ume . If the Investigation lndlcales that \he
disalmlnation may affect persons ott'ltr than the compla lnanl ,
such corrective action sh all Include such other persons. Upon
completion of each Investigation, the contractor will lnfonn every
complalnanl of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will aaslst In locating, qualifying , and
Increas ing the 1klHs of minority group and women employees, and
appll canls for employment
b. Cons lslent with the contrador'1 wort( force requirements
and as permlsslble under Federal and Stale regulallons , the
contra ctor shall make !un use of !raining programs, I.e.,
apprentlcuhlp, and on•the·iob training programs for \he
geographical area of contract perlonnance . Where feaslble , 25
percent of apprenUces or trainees In each occupation shall be In
thOtl' firtt year of apprenticeship or training , In the event a special
provision for training 11 provided under this contract , thls subpara-
graph will be 1uperteded as Indica ted In the special provision .
c. The contractor wlH advise employees and applicar'l\s for
employment of ava ilable training programs and N 1lrmce
requirements for each .
d. The contractor will periodically review the training a•IO
promollon potenti al of minority group and women employees and
will encourage eli gible employees to apply for such training a 1d
promotion .
7. Unions: If tho conlraclOf' relies in whole or In part upon
unions as a source of employees , the contractor will ~H his/her
best efforts to obtain the cooperation of such unions to Increase
opportunities for minority groups and women within the unions ,
and 10 effect referrals by such unions of minority and female
employees . Ad.Ions by the contractor either directly or through a
contractor's association acting as agent will indude the
procedures nt forth below:
a. The contractor will use best effortt to develop, In
cooperation with the unions , joint training programs almed toward
qualifying more minority group members and women for
mem bers hip In the unions arld lnaeaslng the skills of minority
group employees and women so that they may qualify for higher
pa~ng employment.
b. The contraclor win use best efforts to incorporate an
EEO daun Into each union agreement 10 the end that such union
will be contractuaUy bound to refer applicants without regard lo
their race , color, religion , nx, na tional origin, age or dl1abllily.
c. The contractOf' 11 to obtain information II lo the referral
pt11ctlces and policies of the labor union except that to the extenl
such Information ts within the exdu1tve p01N11ion of the labor
unioo and such labor union refuses to furnish such lnfonnaUon 10
lhe contractor, the contractor shell so certify to the SHA.and shall
sel forth what efforts haw been made to obtakl tu°' information.
d. In the event the union 11 unable to provide the conlrador
Exhibit I· Page 2 of 9 REQUIRED BY 23 CFR 6ll . 102
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with a rea1on1bkl flow of minority and women rererral1 within lhe
•
Umt llmll HI fonh In the collective barga ining agtHmenl, lhe
conltldof wlH, through Independent recruitment efforts, ftll lhe
employment v1canc:l11 without regard to race , color , religion, HX.
n1tlon1I origin , age or dl11blllty; mailing full efforts to obtain
qualified and/or quallflable minority group per,ont and women .
(The OOL hll hetd lhll It shall bl no HCUH that the union with
which the contractor h11 a col11dlv1 bargaining tgrHmtn\
providing for exclullvti referral filled lo refer minority em~.)
In the evenl the union refe"al practice prevents the contractor
from meeting the obligation, pursuant to Ex ecuUve Order 11248 ,
as amended , and tne1e 1pec:lal provlslon s, su ch contractor shall
Immediately noUty the SHA.
8. Selectlon of Subcontractors, Procurement ot ·•· t1rl1l1
and Le ■alng of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion , Hit, national origin, age or
dlsablllty In the selecUon and retention of subcontractors, In duding
procurement of materials and le ases of equipment.
a . ft\e contractor shall notify all potenUal subcontractors
and suppllers ol his/her EEO obligations under !h is contracl
b. Disadvantaged business enterprises (DBE). as defined
ln 49 CFR 23, shall have equal opportunity to compete for and
perform subcontractl which lhe contractor enters Into pursuant to
this contract. The contractor wm use his best efforts: to solicit bids
from and to ulilize DBE subcontractors or subcontractors wi th
mean lngful minority group and female representation among their
employees . Contractors shall obta in Hsts of DBE construction
firms from SHA pe rsonnel .
c. The contractor WI II use his best efforts to i,nsure subcon •
tractor co mpliance with their EEO obligations.
•
9. Records and Reports: The contraclo1 shall keep such
records as necessary lo document compllance with the EEO
requirements , Such records shall be retained for a period of th ree
year1 following comple tion of the contract work and shall be
available at reasonable limes and places for inspection by autho•
rlzed representaUves of the SHA and the FHWA.
a. The reCO<ds kept by the contrador shall document the
following :
(1) The number of minority and non-m inority group
members and women employed in ea ch work classlficatlon on the
project;
(2) The progress andeffortabelngmadelnoooperatlon
wilh unions , when appl lcable , to increase employmenlopportunl•
ties fOf' mlnor1tlea and women ;
(3) The progress and efforts being made In localing,
hiring, training , qualifying, alld upgrading minority and female
employees ; and
(◄) The progress and efforts being made In securing
the 1ervicos of DBE 1ubcontractor1 or subcontractors with
meaningful minority and female representation among their
employees .
b. The contractors wm subm/1 an annual rrport to the SHA
each July for the duratlon of the projed, Indicating the number or
minority. women, and non-minority group employees amenity
engBQOCI In each~ d.nalfk:ltlon required by the mntrad WOftt.
This lnfonnation 1, tobe reported on Fonn FHWA-1391 . If on-the
job training II boing requncl by special pn,vlllon, the conlractof
•
w(II be required to CO,lect and report training data .
Ill. NONSEGREGATED FACA.mES
(AppllcabNI to all Federal-aid mn1ltudk>n conlracts and lo all
Exhibit I
related subcontrada of S10.000 or mOf'e ,)
a. Sy submission ol th is bid , the 111ecutlon of this contract
or 1ubcontr1ct, or the consummation of lhls maletlal supply ,gree-
menl or purch11e order, 11 appropriata , the bidder, Federal-aid
con1tructlon contractor, subcontracior, mat■MI 1uppl._r, Of'
vendor, 11 appropriala, certifies that the firm does nol malntaln or
provide tor Its employees any segregalld fldlltlt1 11 any of Ill
11t1blf1hn11nts, and that the firm does not permit Its empfoyles 10
perform their services 11 any location, under Its control , where
segregated lacllltlea are maintained . The firm 1grt1e1 lhal a
breach of 1h11 certlncatlon Is I violation ol the EEO pr0vt1lon1 or
this contract. The firm further certifies that no employee wlll be
denied access to adequate laclUt111 on lhe b11l1 of 1ex or
dlsab llity.
b. As used In this certification, the lerm ·segregated
fa cili ties" means any waiting roo1 ,11, woril. areas. res1room1 and
washrooms , re1tauranl1 alld other eating areas, tinMtdocka. locker
rooms , and other storq e or dressing areas, park ing lols , drinking
fountains . recreation o, .... ,tertalnment areas , transportation . alld
hous ing fa cilltl e1 provided f0< employees whlct '"re aegregaled by
explicit directive. or are , In fact. s~regated on ine basis cl race ,
cok>r, rel igion. national orig in, age or disability, because of habit,
local aislom, or otherwise . The only exc.eptlon will be for the
dlsabled wtien the demands for acc.esslbillty override (e .g.
disabled part-:lng).
c. The contrador agrees that It has obtained Of' will obtain
Identical certlflc.11on from proposed subcontradors or material
suppliers prior to award of subcontracts or consummation of
material supply agreeme,nts of $10,000 or more and that II will
rela ln such certmcallons In Its files .
rv. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable lo aU Federal-a id construction contracts exceeding
S2 ,000 and to all related subcontracts, except for proJects localed
on roadways classified as local roads or rural minor collectors ,
which are exempt.)
1. General:
a. All mechanics and laborers employed or wortllng upon
the site of the WOOi will be paid uncond itionally and not less often
than once a week and without subsequent dedudlon or rebate on
any acc.ount [except such payroll dedu ctions as are permitted by
regulatlon1 {29 CFR 3) issued by the Secretary of Labor under the
Copeland Ad (40 U.S.C. 276c)I the full amounts ol wages alld
bona fide fringe benefits (or cash equlvalents thereof) due al Ume
of paymenl The payment shall be computed at wage rates not
less than those contained in lhe wage determination of the
Secretary of Labor (hereinafter "the wage delerminltlon1 whk:h Is
attached hereto and made a part hereof, regardleH ol any
a>ntract ual r&latlonshlp which may be alleged 10 exist between the
contractl.r .>1 ,ll subcontractors and such labonrrt .00 mechanics .
The wage dallin r.lnallon (lndudlng any additiona l d111lncatlons
and wage rates conformed under ;-iaragraph 2 of 1h11 Se-:Uon IV
and the OOL roster (WH-1321) or FOfffl FHWA-1 ◄95) shall be
posted at all tlrues by the contractor and Ila suba>ntract0f1 at the
site of the work in a prominent and acce11lble place where II can
be easily seen by the workeri. For the purpose of this Section ,
conb1butlon1 made or costs reasonably anti~ted IOf' bona fide
fringe beneflla under Sectk>n 1(bK2) of the Davts-Baa,n Act (40
U.S.C. 2761) on behalf of lllbofers or medlanica ire considered
wages paid to such laborers or mechanics, sutitect 10 the provt-
slons of Sedlon N, paragmph3b,hereof. PJ10,forlhep,.wposeof
1h11 Sedkln, regular contrtbutiona made or cmts !no.mid for more
than I Wffkty p(tf1od {but not less often lh1n quartefty) under
plans , funds , or programs, which cover the particular weekty
period, ire deemed to be consln.lctlvely made or Incurred during
aucti weekly period . Sllch laboreB 1nd rnechlNca shall be paid
lhe .. ppropriate wage rate and trtnge beneflts on the wage
Exhibit I -Page 3 of 9 REQU IRED BY 23 CP'R 6)).102
d111rmln1Uon for the da1lftcation of work 1ciu111y performed ,
without regard to 1klll, except II provk,ed In paragr1ph141M 5
of 1h11 SecUon IV.
b. Laborers or mechanics performing won In more lhln
one da11lncaUon may bt compenuted at Iha ratt, 1peclflld for
each ci111lftc:11t1on for the lime actualy worked therein , provkled ,
Iha. the ems>'oye,'1 payroll records ICOJralety HI forth the Ume
1pent In 11ch d111ltlcation In wh ich WOfk 11 performed .
c. AW rullng1 and lnlerpret■Uons of Iha Oavls-Blcon Ad and
related acts contained In 29 CFR 1. 3, and 5 ■re herein lneorpo-
ratad by reference In thl1 contract.
2. Cl1111nc1t1on :
a. The SHA contracUng officer shall require thBt any das1
of laborers or mech1nle1 employe,.' under the contract , which 11
not listed In the wage determination, shall be da111fied In
cor.lormanc.e with the wage determlnaUon .
b. The contracting officer shall approve an addlUonal
da11lncaUon , wage rate and frtnga beneflts only when the
lollowlng aiteria have been met :
(1) lhe wof1t to be perfom1ed by the additional
dassiflcation requested Is not performed by a dassiflcatlon ln the
wage determination;
(2) the addlUonal dasslfiealion Is uUllzed ln the area by
the construction Industry,
(3) the proposed wage rate, Including any bona flde
lrtnge benefil1 , bears a reasonable relaUon1h lp to the wage rates
contained In the wage determination ; alld
(4) with respect to helpers, when such a cla111ficaUon
preva il s in the area In which the work ls performed .
c. H lhe contractor or subcontradors , as appropriate, the
laborers and mechanics (II known) to be employed In the addition ·
al dasslficaUon or their Jepreaentaltwts , and the conlrading office(
agree on the classlflcation and wage rate Qndudlng the amount
designated for fringe beneflll where appropriate), a report of the
action taken shall be sent by the contracting officer to the OOL,
Administrator of the Wage and Hour Oivlsk>r'I, Employment Stan •
dards Admlnlslralion, Wa1hlngton, O.C. 20210. The Wage and
Hour Administrator, or an authorized ,epre11nt■llve , will approve,
modify, or disapprove every addlUonal ctasllflcalion action within
30 days of receipt and 10 advise the contracting officer or will
noUty tt,e contracting officer within the 3().day per1od that
addltlonal Ume 11 necessary.
d. Jn lhe event the contractor or 1ubcontrac&orl, 11 appro-
priate, the laborers or mechanlca to be employed In the addlUonal
da11UlcaUon or their representatives , and the contracting officer
do not agree on the proposed danlficaUon and waoe rate
(lndudlng the amount dl!dgnated for fringe benents, where
appropriate), the contracting officer shall roler the que1Uon1,
lndudlng lhe views or al Interested parties and the recommenda•
tlon of the contracting orficer, to lhe Wage aoo Hour Admlnlslrator
for determlnalion . Said Administrator, or an 1u1hortzed represen-
taUve, will l11ue a determination within JO days of receipt and 10
advl11 the contracting officer or will notify the contracting otflcer
wllhkl the 30-day period that addlUonal Ume Is necessary
e. The wage rate (Including fringe beneflll where1pproprt.
ate) determined ptnuant to paragraph 2c o, 2d of lhlt Section IV
shall be pad to 1N worken pefformlng worti. ln the at!"1lk>nal
da1slftcatlon from the first day on which work 11 performed 11, !he
danlflcaUon.
3. Payment of Fringe Beneftta:
Exhibit I
a. Whenever the ml,1lmum wage rate prescribed In lhe
contract for a dall ol labofers or mect\lnlcs lnclud11 a fringe
benetlt wtdch 11 not tkpfflsld 11 an hourtyrate, Iha contractor or
1ubcontr1ctorl, 11 awapri■lt, 1h1II either pay the bentlftt 11
1tat8d In Iha wage deltnnln1tion or shall pay another bona flde
fringe benefit or an hourty c111 tqulvalent thereof.
b. If U'le conlrlcto( or subcontrldor, 11 appropriall, doe•
nol make payments 10 a trustee or other third person, he/ahe may
consider II a ?•rt ol the wage■ of any labofer or mechanic Iha
■mount of any co,tt reasonably anlldpated In pn,vldlrig bona fide
fringe beneflll under a plan or program , provldea, that the Seae•
llryof L1borh11 found, upon the written requ11tofthe contrldor,
that the applk.able standards of lhe D1vl1-Bacon Act have been
mel The Secretary of Labor may require the contractor lo set
Hide In a separate account HIila for the mnUng of obllgallon1
under the plan Of program .
4. Apprentice• and Tralnffa (Program■ of th• U.S. OOL)
and Helpers:
a . Apprentices :
(1) Apprentices will be pennltted to wortr. al less than
the predetermined rate for the wortt they performed when they are
employed pursuant to and Individually ritglll91ed In a bona fide
apprenUceshlp program registered with the OOL, Employment and
Training Admlnlslration, Bureau of Apprenticeship alld Training , or
with a State apprenUceshlp agency recognized bylhe Bureau , or If
1 person 11 employed In h[sn,er first 90 days of probalk>nary
employment as an apprenUce ln 1ucl1 an apprenticeship program.
who Is not Individually registered In the program, but who has
been certlfled by the BU1eau of ApprenUcelhlp and Training Jf a
State apprenticeship agency (where appropriate) to be ellgll>'e for
probationary employment II an apprenUce .
(2) Th e allowable raUo of apprenUces to joumeyman-
level emplo)'Ms on the job site In any aan da11lftcaUon shall not
be greater than the raUo permitted to the contractor as to the
enUre work force under the registered program . Arly employee
listed on a pavro'I 11 an apprentice wage rate , who 11 not regls•
lered or otherwiu employed as ttaled above , shall be paid not
1111 than the applicable wage rate l1tled In the W-dge delermina •
lion for the da111ficatlon of work actually pertormed . In addlUon,
any apprenlk:e performing wof1I; on the job site In excess of the
raUo permitted under the registered program shall he paid not '811
than the applicable wage rate on the wage detennlnatlon for the
wof1I; actuaUy performed. Where a contractor or subconlrador 11
perfonning conslrudlon on I project In a locality other than thal In
which Ill program Is registered, the ratios and wage rates (ex•
pressed In percentag11 of the Joumeyman4evel hourty rate)
speclfled In the contractor's or subcontractor's regtstered program
shall be observed .
(3) Every apprenUce must be paid at nol l11s than the
rate spedlled In lhe registered program lor the apprentice's level
of progreH, eltpl'essed as a percentage ol the joumeyman .Jev~
hourty rate specified In lhe applicable wage detenninallon.
Apprentice, lhall be paid fringe beneflLI In accordance with the
provisions of the apprenticeship program . If the apprenticeship
program does not specify fringe benefits, i.pprenUces must be
paid the full amount of fringe beneflll 1l1t8d on the wage de term I•
nation for the appHc■ble ctasslncatlon . If the Admlnlstralor for the
Wage and Hour DMlk>n del.-mlnea that a different practice
prevails fOf the appllcable apprentice dasalficatlon, frlngn shad
be paid In accordance with that detennl!llllon.
(4) In the event the Bureau of Apprentlcelhlp and
Trafning, or a Stall apprenticeship agency recognized by the
Bureau , wtlhdrawl approval of an appr9nlh::nhlp pn>gram, the
contractor or IUbconlrlic:tor "4H no longer bl permltled to utilize
apprenUces al ~1 lhan the appllc:11ble precletefrlwMcl rate for the
Exhibit I -Page 4 of 9 REQUIRED BY 23 CP'R 6)3 .102
•
•
•
• compar1b'e work performed by regular employNt until an ae:epl•
1bll program 111ppn,v9d,
b. Tr1lnee1 :
(1) Except II provided In 20 CFR 5. 1&, tralnee1wltl nol
be permitted to wof1I 11 leH In., tht predtllrmlned rall lor the
wortt perfotmtd unlna they ire emp60yed purtuanl to and
Individually reg laltfed In I pro;ram whleh h11 received priOf
■PPf'CVII , evktenctd by formal certlfleatlon by the DOL,
Employment and Train ing Admlnl1 lr1Uon .
(21 Thtr1tlo of ltalne11 tojoumeymln4evel emplo)'N1
on thl ~b tile thl/1 nol bl graa11r then permitted under tht plan
approved by the Employment and Training Adm lni1trallon. Any
employee lilted on the payroll tl • trainee rate who ls not
registered and partidp1tln g In a training plan approved by the
Employment and Training Admlnl1tr1Uon 1hal be paid not IHI
than It'll applleabkl wage rate on the wage delermlnaUon for the
classmcauon of work actually perfonned . In addition . any lrllnn
performing work on the job 1111 In exce11 of the ratio permitted
under the reglatered progr &m 1h1tl be paid not le11 than the
applicable wage rate ~· 1r.e wage determination for the 'NOrk
actually performed .
(3) Every trainee must be paid at notle11 lh1n the r1ta
1pecifled In the eppmved program for his/her level of progre11 ,
e)tprtlHd 11 1 percentage of the Joumeym1n-levei hourly rale
specified In the applica ble wage detarmlnallon, Trainee• 1han be
paid Iring• beneflll In accordance with the provitlons of the
trainee program . If the trainee program does no:. mention fringe
oenefitl, trainee, shall be paid the full amounl ol frll\QI benefits
llslei on the wage determination unle11 the Admlni1tralor of the
Wane and Hour Division determln Gs that there 11 an apprenUce-
1hlp program associated with tr.I:->'T91 pondlngtoumeyman-fevel
•
wage rate on the wage detarm lnauon which provides forlat1 than
full fringe benefllt for apprenlice1, In which case 1uch lralnees
shall receive Iha ume fringe benefils II apprenUces .
(') tn the event the Employment and Train ing
Administration withdraws approval of a training program , the
contractor or subcontractor win no longer be permitted to utll ize
trainee• at lesfl than the applicable predetermined rate for Iha
work performed unUI an acceptable program ls approved .
c. Helpors:
Helper1 will be perm itted to work on a project II the
helper danlnc:aUon Is specified and denned on the applicable
wage determination or Is approved purauant to the confonnance
procedure set forth In Section IV .2. Any worker listed on a payroll
at a helper wage rate , who Is not a helper under a approved
deftnlllnn, shall be paid not k,ss thin the applicable wage rate on
the wage determlnaUon for the cla11lncaUon of work adualty per-
formed .
5. Apprentices and TralneH (Programa of the U.S. DOTI :
ApprenUces and trainees working under apprenticeship and
skill training programs which have been certified by the Seaetary
of Transportation as promoting EEO In connection wtlh Federal-
aid highway construction programs are not subject to 1ha requ ire-
menll of paragraph, of this Section IV. The straight Ume hour1y
wage rat11 for apprenUces and trainee• under such program• wll
be eallblllhed by the partla.ilarprograms. The ratio of apprentk:-
11 and trainees to journeyman shall not be greater th., permllled
by the terms of the particular program .
6 . wtthholdlng:
• The SHA llhan upon lta own action or upon wrtaen request
of an authorized represenllli'M of the OOl withhOld , Of cauae to
be wtlhheld , from lhe contractor Of subcontractor under 1h11
Exblbltl
c.ontract Of any other Ffflral contr1d with the same prlme
contraclor, or any other Ftderaly.a1al11ed contract subfec:t to
Oavf1-Blcon prevaUlng waoe raqulrtmenta which la held by the
ume prime conlrlctor, 11 much of the 1cc:nJtd paymtnta or
advlnce1 11 may be canlktefad ntcellltY to pay l1bofe11 and
mechanics , lndudlng apprenUce1 . tralneal, and helpers, em -
ployed by the contrado( or any 1ubcontractor the full amount of
wages required by the contract. In the event of fallure to pay any
laborer or meeh■nlc , induding any apprenUce , 1r11n11 , or helper,
employed Of wor1dng on the site of the work , all or part of the
wages required by the c.ontrad, the SHA conlrlctlng officer may,
after written notice lo the contractor, take such action II may be
nece11ary to cau11 Iha 1u1pen1lon ol any further payment ,
advance , or guarantee ol fund1 unUI such vlolaUons have ceased .
7. OY9rtlm• R1qulr1m1nt1:
No contractor or 1ubcontradof contracting for any psrt ol
the contract work which may require Of Involve the emp\o)fflar-l of
laborers, mechan ics , watchmen, or guards (lndudW'lg apprentlce1o ,
tralrlffl, Ind helpera described In paragraphs , and 5 abo ve)
shaU require or permll any laborer, mechanic, watchman, or guard
in any workweek In which he/Iha is employed on such work , to
work In e1tct11 of •o houra In such workweek unless such labofer,
mechanic. walchman , or guard receives compen11Uon al a rate
nol le11 than one -and-one-half Umea hlll'her baslc rate of pay for
an hours worked In e1tce11 of ,o hours In such wor1'.week.
8. Vlolatlon :
Uabillty for Unpaid Wages ; Liquidated Damages: In the
event of any vlola tlon of the dau11 set forth In paragraph 7 above,
the contractor and any subcontrador re1pon1lbla thereof shall be
liable to the affected employee for hllhler unpaid wages . In
addition , such contractor and subcontractor 1haH be liable lo the
United Stales (In the c:a10 of wor1(. done under contracl for the
District of Columbia or a territory, lo 1uch Ol1 1ricl or to such
territory) for llquldatad damages . Such liquldated damages shall
be computed with respect to each lndlvldual labol'er, mechanic,
watchman, or guard employed In violallon of the dause set forth In
paragraph 7, In the sum of $10 for each calendar day on wh ich
such employee was required or permitted to wor1(. In eitcess ol lhe
standard work week of 40 houra without payment of the overtime
wages required by the clause set forth in paragraph 7.
9. Wllhholdlng for Unpaid WagH and Uquldaltd Damages :
The SHA shall upon Ill own action Of upon written requeal of
any authorized rapre11ntaUve of the OOL withhold, or cause 10 be
with held, from any monies payable on account of work performed
by lhe contractor or subcontractor under any 1uch contrad or any
other Federal contrad with the same prime c.ontractor, or any
other Federally-a11l1tad contract subject to the Conltad Work
Houra and Safety Standards Act. which Is held by the same prime
conlrlctor, such aums II may be determined to be necessary to
11ll1fy anyllabl11tln of such contractor or subcontractor for unpaid
wages and llquldated damages as provided In the dause ael forth
In paragraph 8 above .
V. STATEMENTS AND PAYROUS
(Applicable to 111 Federal-aid construcUon contrada 111:ceedlng
$2 ,000 11nd 10 all related subcontradl, e1tcepl for projectt localed
on road wa ys da111fled as local midi 0" rur1I CX>llectorl , which n
e,empt.)
1. CompH1nce with Copeland R1gulltlon1 (21 CFR 3):
The oontractor shall oon,ply with the Copeland Regulations of
the Secretary of Labor which are herein lnc:orporaled by reference.
2. Payrolls and Payroll Recorda:
Exhibit I -Page 5 of 9 RF.QUI RED BY il Cl'R 63) 102
a. Payrolls and basic records retaUng thereto shall be
maintained by lhe contr1ctor 1nd each 1ubcoritr1ctor during the
course ol lhe wortc 1nd preserved for I period of 3 years from the
dale of complelloo of the contract !or all laboret'I, meeh1nlcs,
apprentices , trainees. walchmen, helpers , and gu1rd1 working al
the slta ol the work .
b. The payroll rec.ord1 shall contain the name , soclal
security number , and addren of eaeh 1111ch employee : his or her
correct claulftcalion; hourly rates ot wages paid {Including rates of
contributions or costs anlldpeled for bona Ode fringe benefits or
cash equ ivalen t thereof the lyoes described In Section 1(b)(2)(B)
ol the Cavil Bacon Act): dally and wot•~ 'I number of hours
worked ; deductions made: and aclua1 wage s ttald . 1n addition, for
A.ppit1Achlan conlrads, the payroll records shell contalr. a notation
Ind icating whether lhe employee does, or does not, normally
reside In the labor area as denned In Attachment /J., paragraph 1.
Wheneve• lhe Secretary of Labor, pursuanl to Section IV,
paragraph :\b, f'tas lound that the wages ol any laborer or
mech~n!:: m·Juda 1t1e ~mount of any costs reasonably anticipated
In providing benefits under a plan or progtam 001et1bed In Section
1(b}(2)(B) of lhe Davis Bacon Ac!, lhe contractor and each
subcontractor shall mainlaln recordl which show that the commit-
ment to provide such benefits Is enforceable, that the plan or
program Is Onanclally respons lble, that the plan or ptogram haa
been communicated ln writing to the laborers or mechaiilcs
affected , and show the cost antlcipated or the aelual COll inrurred
In provid ing benefils. Contractors or subcontractor1 employing
apprentices or tra inees under approved programs shall ma intain
written evidence of the roglstrallon of apprentices and tra inees,
and rallos and wage rates prescribed in lhe appllcable programs .
c. Each contractor and subcontractor 1hal1 furnish, each
week in which any contra cl work Is performed, to the SHA re1ident
eng ineer a payroll of wages paid each of Its employees (in duding
apprenlicll, trainees, and helpers. described In Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work
during the Pfetedlng weekly payroU period). The payroll submitted
shall set out accura tely and completely au of the Information
required lo be mainta ined under paragraph 2b or th is Section V.
This ln ronnallon may be submitted In any form desired . OpUonal
Form WH-347 ls avallable for th is purpose and may be purchased
from the Superintendent of Documents (Fed eral stock number
029-005-0014 •1), U.S . Government PrinUng Offica , Washington,
D.C. 20402. The prime conlractor Is responsible for the subt'l'l iS•
sion of copies of payrolls by all suba>ntractors .
d. Each payroll submlllod shall be accompanied by a
"Statement of Compliance,· signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment ol the
persons employed under the contract and shall certify the follow-
ing :
(1) \hat the payroll tor the payroll period contains the
Inform ation required to be maintained under parag-a ph 2b of lhls
Secilon V and that such Information 11 corred and complete;
(2) Ih a! such laborer or mechanic (indU"Jlng each
helper, apprenti ce, and trainee) omployod on lho conlract during
the payroll period nas been paid the full wookly wages earned,
wlthoul rebate , either directly or indirectly. and Iha! no deductions
have been modo either directly or Indirectly from the full wages
earned , other than pormlsslble doductlons as set forth in the
Regulations, 29 CFR 3;
(3) that each laborer or mechan ic has been paid nol
len that the 1ppllcable wage rate and lrlnge benents or cash
equivalent for tho dasslnco.tlon of wor'll.ed performed, as specll\ed
in the applicable wage detennlnallon incorporated inlo lhe
contract .
e. Tho weekly submission of a property elleculed cartlfica-
Uon se t forth on the reverse side of Optional Form WH-347 shall
Exhibit I
saUs'y the requirement for 1ubmi11lon cl the •s111emenl of
Co ·npHance" req1 :i,~ by paragraph 2d of 1h11 Section V.
f. The falslftcallon of ar:y of the above certlflc:.lloo1 m ■y
subject the oJnltactor to cMI c•· --~1n1I prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231.
g. The conlractor or cubco nt,actor shall make the records
teQJlre~ unde r paragraph 2b of this SecUon V 1v1ll1ble for
ln1p&cllon , copying , or tran1criptlon by authorized represent1tlve1
of the SHA, lhe FHWA , or the DCL, and shall pennlt such repre-
Hntatlves to Interview employees during worl(lng hours oo lhe job .
II the contractor or 1ubcontr1ctor laH1 to 1ubmll the reQulred
records or lo make them available , the SHA, the FHWA, the OOL,
or all may. afterwrlllen noUca to the contractor, sponsor, applicant,
or owner , take such actions as may be necessary to cause lhe
suspension of any further payment , advance, or guarantee of
fund s. Furthennore, failure lo submit the required records upon
request or lo make such records available may be grounds for
debarment action pursuant lo 29 CFR 5. 12.
VI. RECORD OF MATERIALS, SUPPLIES , AND LABOR
1. On all Federa l-a id contracts on the National Highway
System . elCcept !hose which provide solely for the Installation cl
protecUve devices al railroad grade croulngs, those which are
constructed on a forca account or direct labor basis, highway
beauUncauon contracts, and contracts for which the total final
construction cost for roadway and bridge Is less than $1 ,000,000
(23 CFR 635) the contractor shall :
a. Become familiar with the list of speclOc materials and
supplies contained In Form FHW A-47 , "Statement of Materials
and Labor Used by Contractor of Highway Conslructlon 1nvolvlng
Federal Funds ,· prior lo the commencement of wor'lt under this
contract.
b. Ma intain a record of the Iola! cost of all materials and
supplies purchased for and Incorporated in the work, and also of
the quanUUes ol those specific materials and supplies U1ted on
Form FHWA-47, alld In the unlls shown on Form FHWA-47 .
c. Furnish, upon the completion oflhe contract. to lho SHA
residenl engineer on Form FHWA-47 together with the data
required In pa ragraph 1 b relaUve lo materials and supplies , a final
labor summary of au contract work Indicating the lotal hours
worked and lhe total amount earned.
2. At the prime conlractor's option . ellher a single report
covering a11 contract WOfk or separate reports !or lhe contradOf
and for each subcontract shall bo submltled .
VII . SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with 11s own organ lzaUon
contract wor'II. amounting to not less than 30 percent (or a greater
percentage If speclOed elsewhere In the contract) of the lnlal
onljlna1 conlract price , elCduding any spedattyllems designated t ·y
lhe Stole. SpeclaUy Items may be performed by subcontract and
the amount of any such specialty Items performed may be
deducted from the total original contract price be fOfe computing
the amount of work required to bo performed by the conlraclor's
own organlzatlon (23 CFR 635).
a. ·111 own organlz~tl on" shall be construed to In dude only
workera employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or
without operators . Such term does not lndude employees or
equipment of a subcontractor, assignee, or agent cl the prime
contractor.
b. •specially Items· shall be construed to be limited lo
WOft( that requires highly specialized knowledge, abMilies, or
Exhibit I -Page 6 of 9 REOUIR EO UY 2) CP R 6)).102
•
•
•
equipment not ordinarily 1v1ll1ble In tht type ol conlrlcting
•
org1nl z■UonI quI1lfled and 111pectta lO bid on !he contract 11 1
whole and In general ■re to be limited to minor componenll of the
overall contract ,
2. The contract amount upon Ymlch the reQulr1men!1 HI forth
In paragraph 1 ol Section VII 11 computed lnclude1 the coat of
m1t1ri1I and manufactured productl wtileh ■re 10 be purchased°'
produced by the contraclor under the contract provl1lon1 .
3. The contractor 1h1t1 fuml1h (1) a competent superintendent
or 1upervl1or who 11 employed by lhe firm, hil fun authorlly to
direct performance of the work In accordance with the contract
requlrement1, and Is In charge cl all construetlon uperaUon1
(regardless of who performs the work) and (b) 1uch other of Its
own organ lzaUonal resources (supervision , management, and
engineering 1ervlceI) 11 the SHA contracting off'109rdetennlne1 Is
necenary to assure the performance or the contract.
4 . No portion of the contract 1hall be sublet, assigned or
otherwise disposed of except wtth the written consent of the SHA
conlrlctlng officer, or authorized representative , and 1uch coo1en1
when given shall not be con,trued lo relieve the contractor of any
responslblllty for the fulfilment of the contract. Written con1enl
wlll be given only after the SHA hH iusured that eoch ,ubcontract
rs evidenced In wrlUng and that II contains all ptu11nenl provision,
and requirements of the prime contract
VIII . SAFETY : ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with all appllcable Federal . State, and local laws governing
safely, health , and sanitation (23 CFR 635), The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as lt determ ines, or a1 the SHA
•
contracting olflcer may determine, to be reasonably necessary to
protect the ure and health ol employees on the Job and the safety
of the publ ic and to protect property In connection with the
performance of lhe work covered by the contract .
2. II ls a condition ol th l1 contract. and shall be made a
condlUon of each subcontract, whleh the contractor enters into
pursuant to this contract, that the contractor and any subcontractor
1hall not permit any employee , In performance of lhe contract , to
work In surroundings or under conditions which are unsa nitary,
hazardous or dangerous lo his/her health or safety, as determined
under construcllon safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, In acc.ordance with
Section 107 of the Contract Work Hours and Safety Standards Ad
(40 u.s.c. 333).
3. Pursuant to 29 CFR 1926.3, II ls a cond lllon ol this conlracl
that lhe Secreta ry or Labor or aulhorized representative thereof,
shall have rlghl of entry to any site of contract performance to
inspvct or Investigate lhe mailer of compliance with the construe•
Uon safety and health standards and lo carry out the duUes of lhe
Secreta r / under Secti on 107 of lh e Contract Work Hours and
Safety StanJ11rcls Act (40 U.S.C. 333 ).
IX , FALSE STATEMENT:' CONCERNING HIGHWAY
PROJECTS
In order to assu re high quallty and durable con1trucUon In
conformity with approved plans and 1peclncatlon1 a;id a high
degree of rellablllty on statement, and repreaentaUons made by
engineers, contractors, 1uppllers, and workers on Federal-aid
highway pr0Ject1 , Ills e11er,llal tn111 a• penons conoemedwlth the
projed perform their functions H carefully, lhofoughly, and
•
honesUy as posalble . Willlul fal1lflcallon , dl1tortlon , or misrepre-
sentation wlU1 reapect lo any IRcl1 related to the project 11 a
vlolallon of Federa1 law . To prevent any ml1understandlng
regarding the seriousness of these and 1lmllar acts, the following
noUce t hall be posted on each Federal-aid highway project (23
Exhibit I
CFR 635) In one or more places where It Is raadlly avaUable to all
person• concerned with the project :
NOTICE TO ALL PERSONNEL ENGMIEO ON FEOERAL-AIO
HIGHWAY PROJECTS
18 U.S.C. 1020 reads•• follows :
'Whoevtr, being ,n omcer, 1g1nl, or emplor-• of Iha United
SI etas, or of any State or Terrlto,y, or whoever, whathtr a parson,
auoclallon, firm, or corporation, knowingly makeJ any false
staltmen/, false representation, or fal.se rwporf H lo the characfer,
quel/ly, quantity, or co.st of the ma/oriel used or to Mused, or tho
quantityorqualfty of the worlc performed or to be performed, or the
coSI thereof In connection with th• .submission of plan.s, map.s,
.sp.clflc•llons, cont,wcts, or cost.s of con,lrucllon on any highway
or ,wtatad pro}t~ submitted for epprova/ lo the Secretary of
Transponatlon : or
Whoever knowingly make, any false statement, false
rapre.sentat/on , fal.s. report or false claim with re.spec! to :'he
character, quality, quantity, or co.st of any work performed orto be
performed, or m,t,rlel.s furnished orto be ft:m lshed, In connection
with the con.struction of eny hlghwey or related projecl approved
by the S9Crota,y of Transportation; or
Whoever knowingly mal!e, any false statement or false
repre.sentatlon 1.1 lo material fact In any slalemant, cortificale, or
,.port submitted pursua ,,t to provision s of the Fedaraf-ald Roads
Act approved July 1, 1916, (3 9 Stat. 355), as amend&d and
supplomentod;
Shall be fined not more thttt $10,000 or imprisoned not more
than 5 years or both •
X. IMP LEMENT/ITION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable lo all Federal-aid construction contracts and to all
re laled subcontracts or S 100.000 or more .)
By submission of this bld or the execution of this contract, or
subcontrad, as appropriate, the bidder , Federal -aid conslrucUon
contractor, or subcontractor, as appropriate. will be deemed !o
have slipu taled as follows :
1. That any facility that Is or win be uUllzed In the perfonnance of
this contract, unle11 such contract 11 exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 II USI·, as amended byPub.L.
91-604), and under lhe Federal Water PolluUon Control Act, 81
amended (33 U.S.C. 1251 1J ug., as amended by Pub .L. 92·500),
E1tecutlve Order 11738, and regulations In Implementation thereor
(40 CFR 15) 11 not ll1ted , on the date of contract award, on the
U.S. Envlronmental Protedlon Agency (EPA) list of Vlolallng
Fa cilltl es pursuant to 40 CFR 15.20 .
2. Thal the firm agrees lo comply and remain In COIT'pllance with
all the requirements ot Section 114 or the Clea n /IJ; AC1 and
Section 308 of the Federal Water Pol!ullon Control Act and all
regulatlons and guidelines listed thereunder.
3. Thal the nnn 1haH prompUynoUfy the SHA of the receipt of any
communication lrom the Director, Office of Federal Activities,
EPA, Indicating that a facility that 11 or wtll be ullllzed for the
contract Is under consideration to be ll1ted on the EPA Li1t of
Vlotaling FaclliUH ,
4 That the nnn agrees to include or cause lo be Included the
rtQuiremenll of paragraph 1 lhrough 4 of 1h11 Secllon X In every
nonexempt subconlract , 1md further agrees to take 1uch adlon 81
the government may direct II a means of enforcing such
requirements.
Exhibit I -Page 7 of 9 REQUIR !!:P BY 23 CPR 633 .102
XI. CERTIFICATION REOARDINO DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1, lnatruct10n1 for Certification • Primary Cover1d
Tr1naactlon1:
(AppUca ble 10 all Federal -aid contract, -49 CFR 29)
1. By 11.inmft :,nd subml!Ung this proposal , lhe prospe ctive
rlmary pt.m r I i, i,roviding the certiflcaUon set out below.
b. The ln AbUlty ol a pem,n to provide the certlfi.:aUon set
out bel o v v.111 not nar.ossarily resull in denlal of partlcipaUon In this
covered tranaart!on . The prospective participant shall submit an
explanation of wtty It ca nnot provide the certlficallon sel out below.
The airtincalion or oxplanatlon will be considered ln connection
with the de par!l'l"" ,, \it agency's dotermlnallon whether to enter
Into lhls transa cJ,i" However, !a ll ure of the proapective primary
pa.:11clpant to lurn.t~ a certmcatlon or an eitplanatlon shall
d!squa li"J ,ucil a pt·1on from participation in this transaction .
c. The r,,u tlfication In lhl1 clause 11 a material
represe ntation ol h11ct upon which reliance w11 placed when the
depirunerr. or agency i:1et.?1nn lned to enter Into this transaction . 1r
II is l,11 ttt1 aeI01rrd11ed lhal the pro,peclive primary participa nt
knowir,iJIY ,ond ed an erroneous certification, In addition to other
reme dies ava11abte to ihe Federal Govemment, the department or
ag i!iucy may terminate th is transaction for cause of default.
d. The pro apec tlve primary participant shall provide Immedi-
ate written notice to \he department or agency to whom this
propo,al Is 1ubmllled If any ti me the prospective primary partici-
pant learns that Its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances .
e. The terms ·covered transaction," ·debarred,·
·suspended,· "lnollglble," iower tie r covered lransactlon,•
"p1uticlpanI; "person." "pri mary cc ,ered transaction," ·prlnclpal."
"proposa l,· and "voluntarily exduoad: as used In this dause, have
the meanings set out In the Definitions and Coverage se ctions of
ru les lmptementlng Execu tive Order 12549. You may con la ct the
department or agency lo which this proposal Is submitted for
assistance in obtaining a copy of those regu lations .
f. The prospectlve primary participant agrees by subm itting
this proposal that , should the proposed covered transaction be
entered Into, ii shall not knowingly enler Into any lower tier covered
transaction with a person who Is debarred , suspended, declared
Inel igible, or volu ntarily excluded from participation In this covered
transaction, unless authorized by the depan ·,t or agency
entering ln:o :his transaction .
g. The prospective primary participant further agrees by
subm itung this proposal that II will Include Iha clause lllled
·certification Regard ing Debarment, Suspension, lnellglblllty and
Vo luntary Excluslon•Lowor Tier Covered Tran sactlon,• provided by
Iha department or agency entering into this covered transacUon ,
without modification, In all lower Uer covered lransacUons and In
all sollcttatlons for lower tier covered transactions ,
h. A participant in a covered tnmsactlcn may rely upon a
certification ol a prospective partl cipanl in a lower lier covered
transa ellon lhal 11 not debaned, suspended, lnellglble, or volun-
tarily 111.cluded from the covered transaction, unleH II knows that
the certlfk.atlon 11 erroneous. A participant may decide the
method and frequency by which It determines the eHglblllly of Its
prlncipals . Each partici pant may, but Is nol required to, check the
nonproeuremenl portion of lhe i.lstt of Parties Exclude I From
Fede :al Procurement or Nonprocurement Program,· (Nonprocure-
ment Lisi) which Is compiled by the General Services
Adm inistration .
Exhibit I
I. Nothing contained In the foregoing shall be c:onslrutd to
requ ire establish ment of I l)'llem of record a ln order to render In
good faith the certification requlf9d by 1h11 dauH. The knowledge
and Information of participant 11 not required to exceed that which
11 normally po11e11ed bye prudent person In the ord inary course
of business dealings .
J. Except fol transactlona authorized under paragraph i of
these lnatructlon1 , If a participant In a covered transaction
knowlngly enters Into a lower tlar covered transaction with a
person who 11 suspended , deba ,red, Ir.eligible, or voluntarliy
excluded lrom partlclpallon In this transa ctio n, In addiUon to other
remedies available lo the Federal Govemment. the department or
agency may term inate this lrans2:::lion for cause or default
Ctrtlflcallon Regarding Debarment, Su1ptn1lon,
lntllglblllty and Voluntary Exclu1lon-.Prlm1ry Covered
Trtn11cllon1
1, The prospecllve primary participant certifies to the bes I of Ill
knowledge and be l!ef, that It and Its prlndpala :
a. Are not presently debarred, suspended , proposed for
debarmenl, declared inelig ible, or vol unlarlly excluded from
covered transactions by any Federal department or agency;
b. Have no l within a 3-19arperiod precediug th is proposal
been convicted of or had a civil /udgemenl rendered egalnsl them
for commission of fraud or a crimlnal offense In connection with
obtaining, attempUng to obtain, or perfonnlng a public (Federal ,
Slate or local) transaction or contrad under a public transaction:
vlolatlon of Federal or State antitrust ala lutes or commission of
embezzlement. theft, forgery, brtbery, falslficallonordestrucUonof
records , making false statements , or recei ving stolen property;
c. Are not presently Indicted for or otherwise criminally or
civilly charged by a governmen tal entity (Federal, Stale or local)
wilh commission of any of the offenses enumeraled In paragraph
1 b or this certlncallon; and
d. Ha ve not within a 3-year period preced ing this
application/proposal had one or more pubflc transactions (Federal,
Slate or local) terminated for cause or default.
2. Where the prospecti ve primary participant Is unable to certify
to any of the state ments In this certificatio n, such prospeclive
participant shall allach an oxplanallon to this proposal .
2. Instructions for Certification -Lower Tier Covered
Tranncllons:
(Applicable to all subcontracts, purchase crders and other lower
tie : transactions or $25,000 or more -49 CFR 29)
a. By signing and submitting th is proposal , the prospecUve
lower tier Is providing the certification set out below.
b. The certification In clause la a material
representation of fact upon which re. J IC8 was placed when this
transaction was entered Into. If II 11 later delennlned that the
prospective lower lier participant knowingly rendef9d an
erroneous certification, In addition to other remedies available to
the Federal Govemmenl , lhe department, or agency with which
lhla transadlon originated may pursue avallab1e remedl11 ,
including 1u1pen1lon and/or debarmenl
Exhibit I -Page 8 of 9 REQUIRED IIY 2) CPR 6)) 102
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c. The pr01pectlve lower Uer p1rtlclp1nt 1hall provide
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Immediate wrillen notice to the per1on to which 1h11 propo11I 11
1ubmltted If at any time the pro1pectlve lower lier participant
learns that 111 certlncaUon waa erroneous by r1110n of changed
circumstances .
d. The terms "covered lransacUon ,• "debarred,"
·suspended : "lnellglble,• "primary covered transacUon,"
"par1lclpant: "peraon," "principal ," "proposal: and "voluntarily
e1tcluded ," as used In this dause, have the meanings aet out In
the OefinlUons and Coverage aectlons of rules Implementing
Ew.ecuUve Order 12549. You may con lad the person to which this
proposal Is submitted for assistance in obtain ing a copy of tho se
regulations ,
e. The prospective lower tl t:r participant agrees by
submllUng this proposal that, should the proposed covere:J
transaction be entered Into, It shall not knowingly enter Into any
lower lier covered transaction with a person who Is debarred,
suspended, dedarPd lnellglble, or voluntarily e,ccluded from
partici pation in this covered transacllon, unless aulhorized by lhe
department or agency wtth which this transaction originated.
f. The prospective lower tier participant lurther agree s by
subm llllng this proposal that It will include this clause Ulled
"CertlflcaUon Regarding Debarment, Suspension, lnellglbllily and
Voluntary Exduslon-Lower ller Covered Transaction: without
modification , in all tower tier covered transacllons and In all
sollcl la\lons for lower Iler covered transacllons.
g. A participant In a covered transaction may rely upon a
certification of a prospectiYe participant in a lower tier covered
transaction that Is not debarred, suspended, lnellg\ble , or volun-
tarily excluded from the covered transaction, unless II knows that
the certlficallon ls erroneous, A putlcipant may deci de the
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method and frequency by ¥<1i1ch It determines the ell glblllty of Its
prlnclpals . 1..ach partlclpr.nt niay, but Is nol requ ired to , check the
Nonprocurement List.
h. Nothing contained In the lor<1go lng shall be construed to
requ ire establishment of a system of records In order to render in
good fa ith the certification required t,y this clause . The knowtedge
and Information of participant Is not required lo e,cceed that wh ich
is normally possessed by a prudent person In the ordinary course
of business dealings .
1. Except for transacllons authorized under paragraph e of
these Instructions, If a participant In a co vered transaction
knowingly enters Into a lower tier covered transacUon with a
person who Is suspended, debarred, Ineligible, or voluntarily
eirciuded from partici pation In th is transaction, in addition to other
remedies available to the Federal Government, the · partment or
agency with which this transaction originated ,r.ay pursue
available remedies. Including suspension and/or debarment.
C1rtlflc1tlon Regarding Debarmen t, Su1p1n1lon,
lnellglbHlty and Voluntary Excluslon-lower Tier Covered
Transaction ■:
1. The prospective lower Uer participant certlnes, by submission
of this proposal, \hat neither It nor Its principals Is presenHy
debarred, suspended, proposed for debannenl, declared
Ineligible, or voluntarlly exduded from partlclpaUon In this
transaction by any Federal depar1rnenl or agency,
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2. Where the prospective lower tier partlclpanl Is unable to
cert ify to any ol the statements In this certification, such prospec•
live participant shall attach an explanatlon to this proposal.
Exhibit I
XII . CERTIFICATION R!OARDINO USE DF CONTRACT
FUNDS OR LOBBYING
(Applicable to 111 Federal-11d constru ction r >nlra cta and to 111
related 1ubcontr1CU wh ich eirceed $100,000 • ◄9 CFR 20)
1. The pMspectlve participant certifies , by signing and submit•
Ung this bid,· propo!ll1 , to the best of hls or her knowledge and
bellef, that:
a. No Federal appropriated funds have been paid or will be
pa id, by or on behalf of the undersigned , lO any person for
lnnuenclng or altempUng to Influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employ-
ee of Congress , or an employee of a Member of Congress In
connecUon wtlh the awarding of any Fttderal contract. the making
of any Federal grant, the making of an y ~ederal loan, the entering
Into of any cooperative agreement, and the extension, continua•
lion , renewal, amendment, or modincatlon of any Federal contract,
grant, loan, or cooperative agreement.
b. If any fund s other than Fedoral appropriated fu nds ha "e
been paid or wtn be paid 10 any per1on for lnfiuenclng or auempt-
lng to lnnuence an officer or employee of any Federal agency, a
Membflr of Congress, an offlctr or employee of Congress, or an
employee of a M~ .... ,'Je r of Congress In connecllon with this
Federal contract, l t. loan, or cooperative agreement, the
undersigned shall c, ,,ple\e and submit Standard Form•LLL,
"Disclosure Form lt i":?rtor1 Lobbyi ng ," In accordance with lts
Instructions .
2. Th is certlficaUon Is a materi al representaUon of fact upon
wh ich 1ellance was placed when this transaction was made or
entered Into. Submission of th is certllicallon Is a prereQulslte for
making or entering lnto th is transacUon Imposed by 31 U.S.C.
1352. Any person who falls to file the required certlflcalion shall
be subject to a ci vil penally ol not less than S 10,000 and not more
than $100,000 for each such fa ilure.
3. The prospective participant also agrees by submitti ng his or
her bid or proposal that he or she shat! require that the language
of this certi fication be Included In all lower tier subcontracts, which
exceed $100,000 and that all such re ci pients shall certify and
disclose accordingly.
Exhibit I -Page 9 of 9 REQUIRED BY 23 CfR 633 .1 02
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ExblbltJ
FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include :
A. The "Uniform Administrative Requirements for Grants and Cooperative Ab'l'eements to State and Lo cal
Governments (C ommon Ru le), at 49 Code ofFederal Regulations, Part 18 , except to the extent that other appllcable
federal requirements (lncludlna the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than
pro,•lslons of Pa rt 18 and therefore super,ede such Part 18 provisions . The requirements of49 CFR 18 include ,
without limitati on:
I. the Lo ca l Agency/Co ntractor shall follow applicable procurement procedures, as required by section 18 .36(d);
2. the Local Agency/Contractor sh all request and obtain prior CO OT approval of changes to any subcontracts in the
manner, and to the extent required by, applicable provis ions of se ction 18.3 0;
3. th e Local Agency/Co ntractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any CDOT approval , the Local Agency/Contracto~s attorney, or ollier authorized representative , shall
also submit a letter to COOT ccnifying Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18 .36(d) procurement procedu res, and with 18.37 subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also
deemed incorporated herein) into any subconlract(s) for such services as terms and conditions of those subcontracts.
B. Executive Order 11246 of Sept ember 24, 1965 entitled "Equal Employment Opportunity," as amended by
Exec utive Order 11375 of October 13, 1967 and as supplemented in Departmen t ofLaborrcgulatio ns(41 CFR Chapter
60) (A ll con stru cti on co ntracts awarded in exce ss of$10,000 by grantees and their contractors or subgrantees) .
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C. The Co peland "Anti -Kickback" Act (18 U.S .C . 874) as supplemented in Department ofLaborregulations (29
CF R Part 3) (All contra cts and subgranls for construction or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a 10 a-7) as supplem ented by Department of Labor regulati ons (29 CFR
Part 5) (Construction co ntracts in excess of $2 ,000 awarded by grantees and subgrante es when required by Federal
grant program legi slation. Th is ac t requires that all laborcrs and mechanics employed by contractor.; or sub -contractor.;
10 work on construction projects financed by federal assi stance mu st be paid wages not le ss than those esta blished for
the local ity of the project by the Secretary of Lab ·•).
E. Sections 103 and 107 of the Contract w ,.,k Hour.; and Safety Standards Act (40 U.S .C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by b'l'antces and
subgrantees in excess of $2,000, and in exce ss of ~2, 100 for other contracts which involve the employment of
mechanics or laborer.;),
F. Standard s, orders, or requirements issued und er sectim , 306 oflhe Clear Air Act (42 U.S.C. I 857(h), section
50 8 of the Cle an Water Act (33 U.S.C. 1368). Execu ti ve Order 11738 , and Environmental Protection Agency
regulations (40 CF R Part 15 ) (co ntracts, subcontrac ts , and subb'l'ants of amo unts in excess of$100,000),
G. Man datory standards and policies relating tc energy efficien cy which arc contained in the stale energy
conserv ati on plan issued in compliance with the Energy Policy and Con servation Act (Pub . L. 94-163).
H. Office of Management and Budget Circu lars A-87, A-21 or A-122, and A-102 or A-110 , whichever is
app lic able.
The Hatch Act (5 USC 1501-1 ~0 •11 and Public Law 95-454 Section 4728 . These statutes state th•: federal
Exhibit J -Page I of 3
ExhlliltJ
funds cannot be used for partisan political purposes of any kind by any person or organization invol ved in th e
administration of federally-assisted programs.
J. 42 USC 6101 ~ 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.l'.R. Part 80 ~-
These acts require that no person shall , on the grounds of race, color, national origin, age, or handicap, be excluded
from participation in or be subjected to discrimination in any program or activity funded , in whole or part, by federal
funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101 , 12102, 12111-12117, 12131-
12134, 12141-1 1 150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and47 USC 61 I.
L. The Uniform Relocation Assistance and Real Property Acquisition Policie s Act , as amended (Public Law 91-
646, as amended and Public Law 100-17, IOI Stal. 246-256). (If the cont,actor is acquiring real property and
di splacing hous eholds or businesses in the performance of this contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 US C 701 et seq.).
N. The Age Discrimination Act of 1975 , 42 U.S.C. Sections 6 IO I et. seq. and its implemenling re gulation, 45
C.F.R. Part 9 1; Section 504 of the Rehabilitation Act of 1973 , 29 U.S.C. 794 , as amended, and implementing
regulation 45 C.F.R. Part 84.
0. 23 C.F.R. Part 172 , concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F .R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts" .
Q. .,1 C.F .R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civi l Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 197 3. The
requirements for which arc shown in the Nondiscrimination Provisions, whi ch are attached hereto and made a part
hereof.
S. Nondiscrimination Provisions:
In comp lian ce with Title VI of the Ci vi i _(;ghts Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of
1973 , the Contractor, fo r itself, its assignees and successors in interest , agree as foll 'l ws:
I. Compliance with Regulations . The Contrac tor wi ll comply with the Regulations ofthe Department of
Transportation relative to nondisc rimination in Federally assisted programs of the Department ofTransportati on (Title
49, Code of Federal Regulations , Part 21, hereinafter referred to as the "Regu lations"), which are herein incorporated
by refe rence and made a part of this contract.
2. Nondiscrimination. The Contrac tor, with regard to the work performed by it after award anct prior to
completion oflhe contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procurement of materials and leases of
equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulati ons, including employment practices when th e contract covers a program set forth in Appendi>: C of
the Regulations.
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3. Solicitations for Subcontracts, Including Procurement of Materials and Equjomcnt. In all solici tation s •
Exhibit J -Page 2 of 3
ExblbltJ
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r;ther by competitive bidding or negotiation made by the Contractor for wo rk lo be performed under a subcontract,
including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap or national origin.
4. Infonnatjon and Reports . The Co ntractor will provide all information and repons required by the
Regulations , or orders and instructions issued pursuant thereto and will pennit access to its books, records , accounts,
other so urces of information and its facilities as may be determined by tho State or the FHWA to be peninent to
ascenain compliance with such Regulations, orders and instructions . Where any information required of the Contractor
is in the excl usi ve possession of another who fails or refuses to furnish this information, the Contractor shall so cenify
to the State , or the FHW A as appropriate and sh•II set fonh what effons have been made to obtain the information.
5. Sanctions for Noncompliance, In the even t of the Contractor's noncompliance with the
nondi scrimin ation prov isio ns of this contract, th e State shall impose such contract sanctions as it or the FHW A may
determine to be appropriate , including, but not limited to:
a. Withhold ing of payments to tho Contractor under the contract until the Contractor complies, and/or;
b. Cancellation, tennination or suspension of the contract, in whole or in part .
6. Incoroorat jon of Prov isions The Contractor will inc lude the provisions of paragraphs A through Fin
every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,
orders , or instructions iss ued pursuant thereto. The Contractor wi ll ta'c.c such action with respect to any subcontract or
procurement as the State or the FHWA may direct as a means of enforcing such provision s including sanctions for
noncompliance ; provided, however, that , in the event the Ci>ntractor becomes involved in, or is thrcatcne t'. vi th,
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1i tigation with a Subcontractor or supplier as a result of such direction , the Contractor may request the State to en11:r into
such litigation to protect the interest of the Stat e and in addition , the Contractor may reque st the FHW A to enr ,r into
such litigation to protect the interests of the Uni ted States .
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Exhibit J -Page 3 of 3
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 5, 2006 11 a i lntergovernmen1al Agreement wilh COOT for
Broadway, Tufts lo Belleview
Initiated By: I Staff Source:
Department of Public Works Rick Kahm , Direclor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolulion N o. 78 , Series 1999, aulhorizing lhe Cily lo apply for Federal
funds under th e lntermodal Surface Transporlal ion Efficiency Ac l (ISTEA).
• Council approved Resoluli on No. 43 , Series 2002, aulhorizing 1he Cily lo apply for Federal
funds under 1he lnlermodal Surface Transporlali on Efficiency Act (ISTEA).
• Council approved Resolulion No. 79 , Ser ies 2003 , aulhorizing 1he Cily 10 apply for Federal
funds under !he lnlermodal Surface Transporlalio n Efficiency Act (ISTEA).
• Council approved Res o lulion No. 77 , Series 200 5, aulhorizing 1he Cily to apply for Federal
funds under th e "Safe Accounlab le Fl ex ible Effici enl Transp o rlalion Equily Act-Lega cy for
Us ers ".
RECOMMEN0'.0 ACTION
Slaff recomr n,.> ds Co uncil approval of a qill fo r an Ordi nance lo enler inlo an agreemenl w ilh lhe
Colorado D epar1men1 of Transpo rlalio n. [he agr ee menl covers financi JI commitmenlS rel.1ed 10
the design and construclio n of "Soulh Oroad way S1ree1Scape -Tufls lo Belle view".
BACKGROUND, AN A 'YSIS, AND ALTERNATIVES IDENTIFIED
Th e Denv er Regional Council of GovernmenlS (DRCOG) accepls applicalions fro m local
governm enlS , typically on a rwo year cycle, for projeclS lo be considered for federal funding.
DRCOG, in cooperalion w ith !he Colorado Deparlmenl of Transportalion (COOT), is charged w ilh
lhe preparali o n of th e Transportalion lmprovemenc Program (TIP). The TIP priorilizes regional
projeclS for Federal Transportation Funds availab,e through !he "Safe Accounlable Flexible Efficient
Transportation Equily Act-Legacy for Users" (SAFTEA-LU). Co ngress adopted !his program in
August, 2005 to replace !he former Transporlalion Efficiency Act of lhe 21 " Cenlury (TEA-21 ).
In 1999, Englewood applied for a project lilied Soulh Broadway Slreetscape Project-Tufts Avenue
to Belleview. The projecl application requesled funding for t~e design and construclion of raised,
landscaped medians, similar to the projec, completed in 2000 (Broadway berween Yale and
Hampden). Wilh Council's concurrence, slaff continued lo reapply for the project each time
DRCOG solicited applications. In 2002, DRCOG accepled !he project and assured us !hat the
projecl would be funded under !he "Enhancement" calego ry. Federal funding became availabl e
April, 2006. En hancemenl projecls applied for under !he old TEA-2 1 program are limlled to
$600,000.
Design is anticipated lo begin this year wilh construction following In 2007 , Per COOT
requirements, consultants will be retained for design services and lo assist wilh construction administration duties .
FINANCIAL IMPACT
The lolal eslima led cost for lhe project is $869,000 . Federal parlicipalion is $600,000 wi1h
Englewood 's local match al $269,000.
Matching funds , in the amount of $269,000, are budgeted and available in the Public Improvement Fund .
11ST OF ATTACHMENTS
Bill for an Ordinance
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