HomeMy WebLinkAbout2006 Ordinance No. 036•
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ORDINANCE NO . 3lp
SERIES OF 2006 --
CONTRACT NO, 9-J. oo 7
£d-.;b,'t-,.._ 'f-.J~,
BY AlmIORITY
COUNCil. BILL NO . 38
INTRODUCED BY COUNCil.
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMEl'IT AL AGREEMEl'IT BElWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION (coon AND THE CITY OF
ENGLEWOOD, COLORADO THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER
THE PLA TIE RIVER AT THE ENGLEWOOD GOLF COURSE .
\\orffiREAS , the existing bridge over the Platte River was built by Englewood to connect
the front and back nine holes of the Englewood Golf Course; and
WHEREAS , this bridge has served as a cross-0ver connection for the Mary Carter
Greenway causing conflicts between pedestrians, bi cycles and golf carts ; and
WHEREAS, the proposed b1 -e will be built south of the existing bridge and will separate
gold course patrons from the Platte Ri . :r Trail System; and
WHEREAS , the City ofEnglo"ood approved Resolution No . 77 , Series of 2005 ,
authorizing the City to apply for Federal funds under the Intermodal Surface Transportation
Effi ci ency Act (SAFTEA-LU); and
WHEREAS, Englewood applied for the "Enhancement" project in 2003 and again in 2005
with Council's concurrence, which DRCOG accepted the project earlier this year and included it in
the TIP (Transportation Improvement Program)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section l . The City Council of the City of Englewood, Colorado, hereby authori:r.es the
City to enter into an Intergovernmental Agreement with COOT entitled "Transportation
Enhancement Contract", covering the financial commitments related to the design and construction
of Plar.e River Bridge at the Englewood Golf Course, attached as E.<hibit I.
~ Pursuant to Article V, Section 40, of the Englewood Home Ruic Charter, the
City Council has dctennined that this Ordinance shall be published by title because of its volume . A
copy is available in the Office of the Englewood City Clerk .
~ The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Contract on behalf of the City of Englewood .
Introduced, read in full, and passed on first reading on the 2"' day of October, 2006 .
Published as a Bill for an Ordinance on the 6th day of October, 2006 .
Read by litle and passed on final reading on the 16th day of October, 2006.
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Published by .itle as Ordina.~ce No .~ Series of 2006, on the 20th day of October,
2006 .
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the
above and forego!!!i is a lnle copy of the Ordinance passed on final reading and published by title
as Ordinance No .~ Series of 2006 .
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(FMLAWRK)
PROJECT STE M395-013, (15912)
REGION 6/(JH)
TRANSPORTATION ENHANCEMENT CONTRACT
Rev 10/03
07 HA6 00034
CMS ID 07-060
THIS CONTRACT made this_ day of ______ 20_, by 'llld between the State of
Colorodo for the use and benefit of the Colorado Department ofTransportation hereinafter referred to as
the State and CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110 ,
FEIN : 846000583, hereinafter referred to as the "Contractor" or tl1e "Local Agency:"······
RECITALS
I. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available
and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency
costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000,
Function 3020, Object 2312 IP, Phase D, Reporting Category 6121, Contrac•. Encumbrance Number
15912, (Contract Encumbrance Amount: $129 ,000 .00).
2. Required approval, clearance and coordination have been accomp lich cd 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 Transportation Equity Act: A Legacy
for Users" of2005 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 Agencies and eligible under the Surface
Transportation Improvement Program that has been proposed by the State and approved by the Federal
Highway Administration ("FHWA"), hereinafter referred to as the "Program."
4. Pursuant to§ I 007(a) ofTEA-21 , at 23 U.S.C . § I 33(d)(2), certain Surface Transportation project
funds are made available only for eligible "Transportation Enhancement Activities", as defined in§ 23
U.S.C . § I 0l(a), and this contract provides for the perforrmmce by the Local Agency of a project for an
eligible Transportation Enhancement Activity.
5. Pursuant to § 43-1-223, C.R.S . and to applicable portions 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 perforined by a Local Agency under a
contract with the State .
6. The Local Agency has requested that a certain local transportation project be funded as part of the
Program, and by the date of execution of this contract, the Local Agency and/or the State has completed
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and submitted a prelirniruuy version of COOT form #463 describing the general nature of the Worlc. The •
Local Agency understands that, before the Work begina, form #463 may be revised as a result of design
changes made by COOT, in coordination with the Local Agency, in its intemal review process . The
Local Agency desires to perform the Worlc described in form #463, as it may be revised .
7. Federal-aid funds have been made available for project STE M395-013 (15912), which shall consist
of constructing a bicycle and pedestrian bridge acro!·s the Platte River nor'.h of Oxford Avenue and
constructing a bicycle path that will connect the newly constructed bridge to the Mary Carter Greenway,
referred to as the "Project" or the "Work." Such Work will be performed in Englewood, Colorado,
specifi~ally de s~ribed in Exhibit A.
8. The matching ratio for this federal aid project il.80% federal-aid fi!Dds to 20o/L~al A__ggi..9)' /i!n~JL_
being underatood that such ratio applies only to such costs as arc eligible for federal participation, it
being further understood that all non-participating costs shall be borne by the Local Agency at 100%.
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 .
I 0. The Local Agency has estimated the total cost of the Work and is prepared to provide its atch share
of the cost , as evidenced l ,pprop ri ate ordinance /resolution or other authority letter which expressly
authorizes the Local Agency the authority lo enter into this contract and to expend its match share of the
Work . A copy of such ordinance/resolution or authority teller is attached hereto as Exhibit B. •
11. This contract is ex ec uted under the authority of§§. ~-1-203, 43-1-11 O; 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. Scopt of Work
The Project or the Work under this contract shall consist ofconstructing a bicycle and pedestrian
bridge acros the Platt e River north ofOxford Avenue and constructing a bicycle path that will connect
the newly constructed bridge to the Mary Carter Greenway, in Englewood, Colorado, as more
specifically 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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Special Provisions contained in section 29 of this contract
This 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 attacmnent.
Section 3. Term
This ~o~tr~~I shaUbe effective upon ·approval of the "s'iaie Cor,troller or.desfgiiee, oronthe
date made, whichever is later. The term of this contract shall conti'.iue throu gh the completion 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 of the Work and is prepared to provide its match
share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which
expressly authorizes the Locai Agency the authority to enter into this contract and to expend its match
share of the Work. A copy of such ordinance/resolution or authc--ity letter is attached hereto as Exhibit
B .
The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency
shall provide its share of the funds for the Project as outlined in Exhibit C.
Section S. Transportation Enhancement Advance Payment Provisions
The advance payment provisions described herein shall apply only to a percentage of the construction
wc-rk portion of an enhancement project, as described below. Payment for all other work portions of
the Project, includinl' 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 construction of this transportation enhancement
project, in accord with 23 U.S.C. § I 33(e)(3)(B and as described herein .
2. the Local Agency shall submit the following to the State representative ident i lied in
section VII, after execution of this Contract:
a) a financial statement for the construction of the project; an d
b) an invoice for advance payment of 70% of the federal funds budgeted and
availJble for the construction of the project.
3. After receipt 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,
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C.
subject however to the prior perfonnance of the following : A) the satisfactory •
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 perfonnance of the
construction work of the project. Upon receipt of the notice to proceed from the State,
th e Local Agency shall proceed expeditiously to start the construction work and
prosec ute it diligently to completion. If for any reason the local agency docs not 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 perfonnance
before completion, the Local Agency shall remit to the State all federal funds
reimbursed-or-advanoed by-the Statc-·for thc-projectnot latenharr30 'dllys llllcrtlic · ----·--·
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 State 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 func1s 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 . ~ubject to the tenns and conditions of this contract.
Except as provided in A. v'1,we, the State will reimburse the Local Agency for the federal-aid
share of the project design, and other work followin L, the State's review and approval of such
charges , subject to the tenns and conditions ofU1is ,;,:mtract. The Local Agency will pr~pare
and submit to the State monthly charges for costs incurred relative to the design, and work
portions of the project. Provided , however, that charges incurred by the Local Agency prior to
the date ofFHWA authorization :,r 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
perfonnance of the Work, not exceeding the maximum totel 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
compl y 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 tenns and conditions of
the contract.
2. necessary for accomplishment of the Work .
3. reasonable in amount for the goods and services provided.
4. actual net cost to the Loca l Agency (i.e ., the price paid minus any refunds, rebates, or
other items of value received by the Local Agency that have the effect of reducing the
cost actually incurred).
5. incurred for Work perfonned subsequent to the effective date of this contract. •
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satisfactorily documented.
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.
All allowable costs charged to the project, including 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 .
Any check or order drawn up by the Local Agency, including any item which is or will
be chargeable against the projr~t account shall be drawn up only in accordance with a
propcrl,.v. signed youchcr..then on..file-in -the -office-of-the Loeal-Agcney-, -which-will-
detail the purpose for which said check or order is drawn . All checks, payrolls,
invoices , con racts, 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 Stale is authorized, in its discretion , to perform any
nec.e.uary 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 A 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 rate . 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 completion for any reason, then all actual incurred costs of such services and
assistance provided by the State shall be the sole expense of the Local Agency.
F. If the Local Agency is to be billed forCDOT 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 Loc al Agency agrees that at the
request of the State, the State Treasurer may withhol d an equal amount from future
apportionments due the Local Agency from the Highway Users Tax Fund and to pay
such funds directly ,o 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 .
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G. The Local Agency will prepare and submit to the State monthly charges fo : costs incurred •
relative to the project. The Local Agency's invoices shall include a description of the amounts
of services perfonned, the dates of pcrfonnance and the amounts and description of
rcimbunable expenses . The invoices will be prepared in accordance with the State's standard
policies, procedures, and standardized billing format to be supplied by the State.
H. To be considered for payment, billings for payment pursuant to 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
_ __ a.v.ailablc . .li.Ulds, eocumbere<l.fotJIJ~ p_qrcl).M,e Qfth.!! q_escril?.!!d [~ices_. .J.h~Jiabill.!Y __ _
of the State, at any time, for such payments shall be limited to the amount remaining of
such encumbered funds .
2. In the event this contract is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion 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 State.
4. Any costs incurred by the Local Agency that arc not allowable under the Common
Rule shall be reimbursed by the Local Agency, or offset against current obligations
due by the State to the Local 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 to be
perfonned and assigns responsibility of that Work to either the Local Agency or the State. The
"Responsible Party" referred to in this contraci 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 (collectively referred to as the "Plans"), the
responsible party shall comply with the following requirements, as applicable :
a.
b.
C.
perfonn 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 Uniform Building
Code, as approved by CDOT.
prepare special provisions and estimates in accord with the State's Roadway
and Bridge Dc-.ign Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by CDOT.
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include details of any required detours in the Plans , in order to prevent any
interference of the conltrllction worlc and to protect the traveling public .
stamp the Plans produced by a Colorado Registered Professional Engineer.
provide final usembly of Plans and contract documents .
be n:sponsible for the Plans being accurate and CQmplete.
make no further changes in the Plans following the award of the construction
contract exce-pt by agreement in writing between the parties . The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
2. lfthe Local Agency is the responsible party:
a.
b .
c.
The local agency shall comply with the requirements of the Ameri cans With
Disabilities Act (ADA), and applicable federal regulations and standards as
contained in the document "ADA Accessibility Requirements in CDOT
Transportation Projects".
It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that are directed by the State to comply with FHW A
requirem /Jllts .
It may enter into a contract willi a consultant to do all or any portion of the
Plans and/or of construction administration. Provid ed , however, that if
federal-aid funds are 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 contract) must comply with all applicable requirements of23
CFR Part 172 and with any procedures implementing those requirements as
provided by the State, in cluding those in Exhibit H attached hereto . If the
Local Agency does e, ,nto a contract with a consultant for the Worlc :
(I) it shall subm it a certification that procurement of any design consultant
contract complied with the requ irements 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 prior
approval by the State and FHW A. Such changes in the contract shall be by
written supplement agreement . As soon as the contract 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
compl :;with the State 's standardized billing format. Examples of the billing
form•ts are available from the COOT Agreements Office.
(4) it (or ita 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 of its procurement process and/or
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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).
(6) it shall ensure that its consultant contract complies with the
requirements of 49 CFR ! 8.36(i) and contains the following language
verbatim:
(a) "The desiRO work under this contract shall be compatible with
the requirement£ 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
-beneficiai:y.of.lhis contract for.~hat.pwpose..'.'.---· ... ---------· -·---------
(b) "Upon advertisement of the project work for constructi r.m, tho
d.
consultant shall make available services as requested by the State to
assist the State in the evaluation of construction and the re~olution of
constructiun pro')lems that may urise during the construction of the
project."
Xfc.l "The consultant shall review the construction contractor's sbnn
drawings for conformance with the contract documents an d
compliance with the provisions of the State's publication, Standard
Specifications for Road and Bridge Construction, in connection with
this work ."
The State, in its discretion, wi l; review construction plans , cpecial 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 FHWA
requirements.
B. Construction [if applicable)
I. If the Work includes construction , the responsible party shall perk,rm the construction
in accordance with the approved design plans and/or administer the construction all in
accord with the Local Agency Contract Administration Checklist. Such administration
shall include project inspection and testing; approving sources of materials;
performing required plant and shop inspections; documentation of contract payment.~,
testing and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the fund ing for contract modification orders and minor
contract revisions; processing contractor claims; construction supervision; and meeting
the Quality Control requirements of the FHW A/CDOT 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, by 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 unsuitable weather, or for conditions
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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.
lfthc 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 perfonn 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 arlvertisc the call
________ ..fgr bids upon.appronl by theState.andawvd.tM-constructioJH:ontract{s}-to-----
the low responsible bidder(s) upon approval by the State .
(I) in advertising and awarding the 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 63S and C.R.S. § 24-92-101
ct seq. Those requirements include, without limitation, that the Local
Agency/contractor shall incorporate Fonn 1273 (Exhibit I) in its
entirety verbatim into any subcontract(s) for those services as terms
and conditions therefore, as required by 23 CFR 633 . 102(c).
(2) the Local Agency has the option to accept or reject the proposal of the
apparent low bidder for work on which comf.~litivc bids have been
received . The Local Agency must declare the arceptancc or rejection
within 3 working days after said bids are publicJ y opened .
(3) by indicating its concurrence in such award, tnr Local Agency, acting
by or through its duly authorized representatives, agrees to provide
additional funds, subject to their availability and appropriation for that
purpose, if required to complete the Work under this project if no
additional federal -aid funds will be made available for the project.
This paragraph also applies 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 force account), rather th ·.1 by a competitive bidding process,
the Local Agency will ensure that all such force account work is accomplished
in accordance with the pertin ent State specifications and requirements with 23
CFR 635, Subpart B, Force Account Construction .
{I) Such work will nonnallybe based upon estimated quantities and finn
unit prices agreed to between the Local Agency, the Stat e and FHW A
in advance of the Work, as provided for in 23 CFR 635 .2041. 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
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(3)
(4)
participate in the Work based on actual costs of labor, equipmeni
rental, materials supplies and supervision necesslll)' to complete ' e
Work. Where actual costs are used, eligibility of cost items shall L:
evaluated for compliance with 48 CFR Part 31.
Rental rates for publicly owned equipment will be determined in
accordance with the State's Standard Specifications 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 .
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y. State's obligat i"oris -·-·------· --·
I, The Stale will perform a final project inspection prior to project acceptance as a
Quality Control/ Asst ranee activity. When all Work has been satisfactorily completed,
the State will sign the FHW A Form 1212 .
Section b. Notwithstanding any consents or approvals given by the State for the Plans , the State
will not be liable or rcspon Jible in any manner for the structural design, details or
construction of any major structures that arc designed by or are the responsibility of
the Local Agency as idcnti tied in the Local Agency Contract Administration Checklist ,
Exhibit G, within the Wofk of this contract.
Section 7. ROW Acquisition and Relocation
Prior to this project being advertised for bids, the Responsible Party will certify in writing to
the State that all right of way has been acquired in accordance with the applicable State and federal
regulations, or that no additional right of way is requ ired.
Any acquisition/reloc ation 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 Gu ,de and CDOT's Right of Way Operations Manual.
Allocation of Responsibilities can be a,· fo llows :·
• Federal participation in rigt,1 of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right ofway-3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (311 charges) and relocation
activities (3109 expenses).
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Regardless of the option selected above, the State retains oversight responsibilities. The Local
Age"'.y's and the State's responsibilities for each option is specifically set forth in CDOT's Right of •
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Way Operation Manual. The manual is located at
http://www.dot.state.co .us/DevelopProjectslDesignSupport .
Section 8. Utllltles
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 hJve 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 forces, 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 Part y 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 fa cilities, including :
I.
2.
3.
4.
5.
Executing an agreement setti ng out what work is to be accoi· -,lished and the
location(s) thereof, and that the costs of the improvement shall be eligible for fed r .. al
participation .
Obtaining the railroad 's detailed estimate of the cos, of the Work .
Establishing future maintenance responsibilities for the proposed in stall ation .
Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing .
Establishing future repair and/or replacement responsibilities in the event of accidental
destruction or damage to th e installation .
Section I 0. Envlronm rntal Obligations
The Local Agency shall perform 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. Ma !n tenance Obligations
The Local i-. gency will maintain and cperate the impro vements constructed under this contract
at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A.
The Local Agency will make proper provisions for such maintenan ce obligations each year. Such
maintenance and operations shall be conducted in accordance with all applicab le statutes , ordinancr:s
and regulations which define the Local Agency's obligations to maintain such improvemmts . The
State and FHWA will make periodic inspections of the project to verify that such improvemeuts are
being adequately maintained .
Page II ofl8
Section 12. Federal Requir~ments
The Local Agency and/or their contractor shall at all times during the execution of this contract
strictly adhere to, and comply with, ail applicable federal and state laws , and their implementing
regulations, as they currently exist and may hereafter be amended. The contractor shall also require
compliance with these statutes and regulations in subgrant agreements permitted under this contract.
A listing of certain federal and state laws that may be applicable are described in Exhibit J .
Section 13. Recm·d Keeping
-·· · ine [ocir-Ageney shl!ltm aintain a complete file of .all records , do_s:11men/s , ~ol_Tlmunications ,
and other written materials which pertain to the costs incurred under ,his contract. The Local Agen cy"-·
shall maintain such records for a period of three (3) years after the date of termination of this contract
or final payment hereunder, whichever is later, or for such further period as may be necessary to
re sol ve any matters which may be pending . The Local Agency shall make such materials available for
inspection at all reasonable times and shall pem1it duly authorized agents and employees of the Stat e
and FHW A to inspect the project and to inspect , review and audit the project records.
Sectim1 14. Termination Provision~
This contract may be termin ated as follows :
A. Termination for Con veni ence . TI,e St ate may terminate this c ,lll'oc t 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 to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination .
-:B -Section-b, Termin ation for Cause. If, through any cause, the Local Agency shall fail to fulfill, in
a timely and proper manner, its obligations under this contract , or if the Local Agency
shall violate any of the covenants, agreements, or stipulations of this contract, the State
shall thereupon have the right to terminate this contract for cause by giving written
notice to the Local Agency of its intent to terminate and at least ten (10) days
opportunity to cure the default or show cause why termination is otherwise not
appropriate . In the event of termination, ail finished or unfinished documents , data,
studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by th e Local Agency under this contract shall , at the option of the State ,
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 Local Agency shall not be re li eved ofliability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the •
Pase 12 of 18
•
•
•
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 .
If after such termination it is determined, for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein .
C. Termination Due to Loss ofFunding. The parties hereto expressly recogni ze 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 ex~EY.. U@J,rsJ.l!!J.ds __ andJgre_es thaL all its...rights, demands -.and -~!aims 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 it~ undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 16. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
6, 2000 South Holly Street, Denver, Colorado 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 sh all be exchanged between representatives of tt.e 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 .
lfto State :
Carol Anderson
CDOT Region 6 Project Manager
2000 South Holly Street
Denver, Colorado 80222
(303) 744-0S12
Page 13 of 18
If to the Local Agency:
Dave Henderson
City ofEnglewood Public Works
1000 Englewood Parkway
Englewood, Colorado 80110
(303) 762-2S06
Section 17. Successon
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 .
Section 18. 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 intention of the State and the Local Agency
_.thal.any such.person or..cntity •. ot.lter thl!ll.lMS\Dt!U>l.the_Local AgencyJeceiviruuervices or benefits
under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no tenn or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24-10-10 I, et 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 State of
Colorado , its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq ., C.R.S., as now or hereafter amended and the risk
management statutes,§§ 24-30-1501 , et seq., C.R.S ., as now or hereafter amended .
Section 20 . Severablllty
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract are severabl~,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
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 Undentandlng
This contract is intended as the complete integration of all understandings between the parties.
•
•
No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a writing
executed and approved pursuant to the State Fiscal Rules. •
Page 14 of 18
•
•
•
Section 23 . Survival 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
performance, compliance or effect beyond the termination date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure IQ
perform or comply by the Local Agency.
Section 24. Modification and Amendment
1.'his cantractissubjecuo.11.uc.b.mpdifjc_ations as maybe )'C(!Uired by changes in federal or State
law, or their implementing regulations . Any such required modification shalf auiomaiiciillybe -·--
incorporated into and be part of this contract on the effective date of such change as if fully set focth
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 St a,e ma,1 allocate more or less funds available on this contract using a Funding Letter
s11!:stantially equi valent to Exhibit F and bearing the approval of the State Controller or his designee .
The funding letter shall not be deemed valid until it shall have been approved by the State Controller
or his designee .
Section 26. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency
Contrac1 Administration 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
review and approval before the execution of this contract. If the Local Agency uses its program for
this contract, the Local Agency shall 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 limitJtion, determinations concerning DBE eligibility requirements
and certification, adequate legal and factual bases for DBE goals and good faith tfforts . State
approval (if provided) of the Local Agency's DBE program does not waive or modify the sole
responsibility of the Local Agency for its use as described above .
Section 27. Disputes
Except as otherwise provided in this contract, any dispute concerning a question off act arising
under this contract which is not disposed ofby agreement will be decided by the ChiefEngineer of the
Department of Transportation . The decision of the ChiefEngineerwill be final and conclusive unless,
within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency
Page 15 of 18
mails or otherwise furnishes to the State a written appeal addreased to the Executive Director of the •
Department of Transportation. In coMection with any appeal proceeding under this clauae, 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 1..oc,1 Agency sh•'l proceed diligcmtly with the
performance of the contract in accordance with the Chief Engineer's decision. The decision of the
Executive Director or his duly authorized representative for the determination of such appeals will be
final and conclusive and serve as final agency action . This dispute clause doea not preclude
consideration of questions of law in connection with 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 question oflaw.
---s«tloll..28.-Sln11le.Audlt.ActAmendment -··-·-...... _ ··--__ ·-·· ···--___ ···-_________ _
All state and local government and non-profit organizalion Sub-Granteeueceiving more than
$500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Acl
Amendment purposes, shall comply with the audit requirements of 0MB Circular A-133 (Audits of
States, Local Governments and Non-Profit Organizations) sec also, 49 CFR 18 .20 through I 'J.26 . The
Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as
follows :
Section b. If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not
just Highway funds) in its fiscal year then 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 .20S) then a program specifi •
audit shall be performed . This audit will exam ine the "financial" procedures and processes for this
program area.
c) If the Sub-Grantee expends more than $5( il,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 only be conducted by an independent CPA, not by an auditor on staff.
e) An audit is an allowable direct or indirect cost.
Page 16ofl8 •
· Section 29.
SPECIAL PROVISIONS • {For u11 with 1nt1r-Gov1roro1ot1I contr■ct1}
1, CONTROU!A'S APfJflf.(JIIM.. CRS 24-30-202 (1)
Tllt1 contrtct shall not bf dHmtd valid unUI It hll bun appn,ved by u,, r,ntroller of the State or Color1do or tuch 11sJ1t1nt II ht m1y dt1lgn1t1.
2, FUND AVAILABILITY. CAS 24•30-202 (II II)
Flnand ■I obllgItlon1 of tht Stitt of Colorado payable I1\er the current n«al ye ■r ■re contingent upon funds for that purpose be lnQ 1ppropr111td, budQlltd,
Ind othtrwlH madt l\lllllblt ,
S. INDEMNIFICATION.
To tht utent ■uthorlud by law, the Contractor 1h1ll l11d emn1fy, s,• 4, and hold harmless the State, Its employees and ■gents, 1g1ln1t any and 111 C11 lm1,
d1m1ges, Uablttty and cour, aw1rd1 lndudlng costs, t ·<pe111t1, 1nd attomty ftH lncurrtd 11 1 ruult of any act or omlulon by the Contr1ctor, or Its
employeu, Ig1nt1, 1ubcontrectors, or 11slgr1tt1 pur1.:~~.t to tht ttrmI of thlI contrIct.
No term or condition of thlI contrtct lhtll be construed or Interpreted 11 1 wIlver, upreu or Implied, of Iny of the Immunities, rights, be:nents, protection, or
other provlI lonI for the pertltl, oftht Colortdo Govemment11 Immunity Act, CRS 24 •10·101 et seq , urthe Federtl Tort a11mI Act, 28 U.S,C. 2671 et uq. ti
1p~rra11re, 11 rfflW or'llvrnrt:tr"Jmtndtd,---·-·-·--··---·· ---·-••• ·-•------···-----· . -·---··---..•• H•-· -""•-···. ___ _
4. INDEPENDENT CONTRACTOR. 4 CCR 1!)1 ·2
THE COtflRACTOR SHALL PERFORM r."S DUTIES HEREUNDER AS AN INOEPENOENT CONTRACTOR ANO NOT AS AN EMPLOYEE . NEITHER THE CONTRACTOR
NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL
PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAX==S ANO INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATf PURSUANT TO THIS
CONTRACT, CONTRACTOR ACKNOWlEOGES THAT TI-iE CONTRACTOR. ANO ITS EMPLOYEES ARE NOT ENTTTUD TO UNEMPLOYMENT INSUP.M'CE 8ENEms
UNLESS THE CONTRACTC'" OR. TMIRD PARTY PROVIDES SUCH COV?II.AGE AND THAT THE STATE DOES NOT PAY FOR. OR OTHERWISE PROVIDE SUCH
COVER.AGE, CONTR.ACTO k SHALL HAVE NO AUTHOR.IZATION, EXPRESS OR. IMPUEO, TO BIND THE STATE TO ANY AGREEMENTS, UABIUTY, OR.
UNDER.STANDING EXCEPT A.S EXPRESSLY SET FOR.TH HEREIN . CONTRACTOR. SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPEN3ATION (AND
PROVIDE PROOF OF SUOI INSURANCf WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED
BY LAW, ANO SHALL 8E SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES ANO ._GENTS ,
5. NQN ,r 1SCRIMINATION,
•
Th e con1r1c1or 1gree1 lo comply with the letter enCI the spirit of 1ll 1pp1lc1ble st1te tnd ftderll lIwI respecting discrimination end unfa ir employment
prIctlces,
~HOIC E OF LAW .
The 11ws or the Stitt of Color1do 1nd ruin Ind regulations l11ued pursuant thereto shill be applied In the Interpretation, execution, 1nd enforcement of this
contract , Any provision of this contr1ct, whether or not lncorpor1ted herein by reference, wh ich provides for 1rbltrItlon by 1ny Htr1·Judlcl1I body or perM1n or
wh ich Is Olhtrwlse In connlct with H id 11wI, rules, ind regul1tlon1 lh.11II be considered null ind void , Nothing cont1lntd In 1ny provision lncorpor1ted herein
by rtrerence which purport, to neg1te thiI or 1ny other Ipec1It provision In whole or In pI,t shJ11 be vI1ld or enforceable or Iv1llIble In any Ictlon at lIw
whether by wIy of comp1Iint, defense, or otherwise , Any provision rende red null and void by tht operetron of this provision wllt not lnvI lldIte the remainder
ofthl1contrect totht extentthltthe contract Is c1p1ble of execution ,
At 111 times during the perlormenct of thll contr1ct, the Contr1ctor IhIU strictly adhere to 1ll 1ppUc1blt federtl ind Stitt law,, rules, and regul1t1onI thlt
hive been or m1y hereerter be tstlb11Shed ,
7. SOFTWARE PIRACY PROHIBITION Govemor'I Eltto.Al'lt 0nHr O 002 00
No Stitt or other pvbtlc funds pty1ble under thlI Contract shall be ustd for t~.e ecqulsltlon, ope~It1on, or m1lnten1nce of computer software In vlol1tlon of
Untttd St1tu copyright l1wI or 1ppllcIblt Hcen,lng restriction,. The Contrector hereby certlfftl that, for the term or this Contract 1nd •ny extensions, the
Contrtctor hH In piece eppropr11tt IyItemI and controls to prevent Iuch Improper use of public funds. If the Stitt determlnts that the Contractor 11 In
vlolIt1on of th l1 p1r1greph, the St1te mey uerclse any remedy Iv1llIble 1t law or equity or under thlI Contrtct, Including, without Umlt•tlon, Immediate
termln1Uon of the Contract ind an y remedy consistent with untttd StIteI copyright lIwI or 1pp1lctble Hcem:lng re1trktlonI.
I . EMPLOYEE FINANCIAL INTER.EST . CRS 24•18-201 & CRS 24-50,507
The signatories aver that to o t lr knowledge, no emplnyee of the State of Colortdo h11 Iny personal or benenc111 Interest wh1tsoevtr In the servke or
prope:rtY described herein.
•. ILLEGAL ALIENS-PUBLIC Cf.lNTRACTS FOR SERVICES. CRS 1-17.5-101 end Public LNZOI, ICM" Congreu, •• amended MCI upwded in Public Law Hie, 1oe• Congreu,
•• 1ITWl'lded
•
The Contr1ctor certifies th1t the Contr1ctor IhIII comply with the provisions ol CRS 8-17,5•101 et seq, The Contr1ctor shall not knowlngly employ or contract
with 1n llltgI11llen 10 perform work under thll contrtct or ent er Into I contrect with 11ubcontr1ctor that knowingly employs or contracts with In lllegtl I1len,
The Contr1ctor reprt1en1I, w1rnnts, end Igree1 thlt It (1) hll verlf.ed thlt It does not employ any Illegal 1llenI, through pIrtlctp11lon In the Buie PIiot
Employment Ver1flutlon Pn>9r1m IdmlnlItered by the Socl1I Security Admlnl1tr1tion Ind Department of Home11nd Security, Of" (H) otherwllt w111 comply wlth
tht requirements ofCRS 8·17,5·101(2)(b)(I), The t:ontrtctor shell comply w ith 111 ruson1ble requHtl made In lht course of In lnvt!Stlg1tlon by the Colortdo
Otp1rtmtnt of Lllbor tnd Employment, If the ContrIrolr fills to comply with any requirement of thlI provision or CRS 8•17.5· 101 et seq,, the Stile mIy
ttrmlnItt 1h11 contrect for bruch end the Contractor Ih111 bt Ueble for Ictu11 •nd con1tquent11I d1m1g11 to the Sl1te.
A Contractor th1t operates 111 sole proprietor htreby swt1r1 or efflm,I ul'ldtr pen1lty of Ptrjury th11 the Contractor (1) IS e cttlttn of the United Stites orotherwlN
l1wfulty presen> In lhe United Stttu pursuant to ftdtrtl law, (U) shall comply with the provi Ilons ot CRS 2◄· 76.5· 101 tt HQ, end (NI ) lhlll prodlJCt one ot' tnt torms
or ldent1nut1on requited by as 2 ◄-76.5• lOJ prior lo th, errecU¥t d1tt orlhlt Contrtct, E11cept where e11empttd by feder•1 1Iw .and uctpt II provid,d In CRS 24·
76.5-IOJ(J), 1 Contrectorth1l receives federal or stilt funds under this contrlct mutt connrm thet any lndlvldu1I n1tur•I per10n elghtHn y11r1 of ege oroldtr Is
awfully prt1ent In the United StItu pursuant to CRS 2◄·76 ,5·10J(◄) If such tndlvldutl •PPlltl tor publle btntnts provtdtd under thlI contr1ct,
Effective Otte ot Specltl Provisions: August 7, 2006
Page 17 of 18
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
CONTRACTOR:
c1tv or EoAltwR9sl
Logal Name of Conlractlnv Entity
141Q00513
Slgnatura of Authorized Olllcer
Print Name & Title of Authorized Offi cer
CORPORATIONS :
(A corporal• attestation Is requ ired .)
STATE OF COLORAOO :
BILL OWENS , GOVERNOR
By _--=E-xeo-u""'U,..ve-0"'1,..reoto"",..r _______ _
Department of Transportation
LEGAL REVIEW :
JOHN W. SUTHERS
ATTORNEY GENERAL
By ______________ _
Attesl (Seal) ~J-0rpo--ra""te""Se,..cn,---,-ta_ry_o""r e"'"q""'u1-v,"'"1e""'n1-, o-, r=-own,c--,"'1,..1y1"'c0-u"°'n1y""'c"'1e""r1<,,...) (Place a,rpo,.te ■e11 here , If availab le I
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
•
•
CRS 24-30-202 requires that the State Cr ,troller approve all stale contracts . This conlract Is not valid unUI the Stale Controller,
or such ass istant as he may delegate , has signed II. The contractor Is not authorized lo begin performance unlll lhe contracl Is
signed and dated below . If performance begins pclor to the date below , the Stale of Colorado may not be obllgal&J lo pay for
Iha goods and/or serv ices provided .
STATE CONTROLLER :
LESLIE M. SHENEFEL T
By _____________ _
Date. _____________ _
ENecttve Date: Augu ■t 1, 2005
Pa ge 18 of 18
R-t:
Rlglon : 06
o-P!ajod dNalpllon : PLA 1TE RJVER:ENOL WO GOLFCOURSE
COunly1 : Anpohoe County2: Counly3 :
MUl'ldplllty: En1lewood
Sytllffl code : Othtt' Fldefll-N'J H~1y
0,onlght: Ful Ovottlghl (Non-NHS)
Plaftnod longth :
Doacr1!>4lon ofpt090Hd conalrudion/lmptoYonl l•llach map oflowlnfl..,. locallon)
Con1tn.1cl Bike/Ped bridae 250' ■cross the Pline River North of Oxford Ave and 450' of bike paths to coMcct the Mary Carter Greenway. Project also
provides bike racb and lockm.
(Nole: UH colurm1 A, B, and/or C lo ldenUfy fdty detaibld below)
Current year: Future yHr: -
Faclllty ADT OHV OHV 'II INCb AOT OHV
Route Rofpt End,.fpt Functlon1 I clantftcatlon
999 Not Roadway Not Roadway
ntJfy aubsllndard Items with I check.ma In 1st collmn anJ dlrlfy Vl remar'it1)
A • B • C•
Standard Existing Proposed Ulllrnate Standard Exlatlng Proposed UIUffllll Stlndlrd Ext.Ung Proposed Uttlm111
O Su~•co
TyplcalHCllonlypa 8 #ofttavellan11
□ Wld1h of lravll lann
□ Shouldar wd. K./modlan
B i-====L.4-------l------l-----l----l-------l------1-----1-------1-------l--~--I---I
□ Poot 0 Do n 8 Mu. auptrellvaUon
O Min.rldlua
O Min . horizonlal aid
8 Mln .vertlealnd
Mu.Qlodo
Pn,Joct -0 1R O 3R O •R • 0-, ---attn Existing gulOdroll "'"" cu,,..,,, 111ndard1: 0 Y•• 0 I 1-V-■-rian_c:e_ln_ml_nlm_um_d_Ollg--'-n-,-... -.. -,.-',-~---o-v-.. --=.=No=;a;;O;;.-as."'11-1y_projoct __ c:o.m-.nta:
Juatfflcltlon d.ldMd R9qUNI 10 be tubmltttd Not .. ltlndardt
Bl1dga(-Kam•l S..romarl<a -•
RHulfaclng projacll
Rec:ommendltlona c:oncemlng Nfety llpecll ltteched
r;DOT Form NIS 1212003
1 of2 Exhibit A
Proposed t1111tmtnt ot bridges to r1maln In place (tddre11 bridge raH , capacity, end lllow1bll IOOtct thlCkntH)
Yw
lk,lt
.....
10'
Yes No Eat.No. UtlllU.. (11st name, of known uUHty companies)
ROW and/or perm . easement required : 0 e
Rllo<atlon roqulntd : Q •
Temporary euemenl required : 0 e
Change, In acce11: 0 e
Chlnge1 to co nnecting ro1d1: 0 e
Xcel Energy, Qwes1 , Cornea.st, Englewood Utilities, Denver
Water
Railroad Name Pre,enl prolectlon CondllJonofic'ln I
Recommendations:
Categorical E1tduslon #; 23 CFR 771 .117 par.graph (c) (3)
128 lnl111tlon Dal•~ Revlt l!)n Date : Cteerance Action 0111 :
I Coordination
Withdrawn lands (power 11t11, reMM>irl, etc.) cleared through ~LM fOl"Ht MMce office Irrigation ditch name :
Modify schedule of exi:tlng orhnce Munldpallty:
noAdRHOon · Q O.algn Q Loe.I F/A
Q P.O. Q RR Fi.\ EnUty/Agtnc:yoontadname: "-D1'--v"'-c'-'H'--cndcno==•------i
0 ShJdy O umltyF/A Phono-303-162-2506
•
•
Q COOT F/A Q M-
.__R_•_-__ (l_nclude __ odd_ltlono __ ,_-__ W_•-__ ) ---------------------------'• r•
Orlglnal to: Central l'Na Copln to: Region FIIH, Region Envfronmental Program Manager, Sllff ROW , Staff Bridge°' OIMrwhen 1ppR)9tiale
2 of 2 ExhlbHA
•
•
•
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
ExblbltB
------------
• A .
•
•
The Local Agency has esti mated the to tal cost the Work to be $1 29,000 .00 w hich is to be
funded as follow s·
1 BUDGETED FUNDS
a. Federal Funds $103 ,200 .00
(80 % of Participa ti ng Costs)
b. Local Ag ency Match ing Funds $25 ,800 .0C
(20 % of Participa ti ng Costa)
Local Agency Melch ing for COOT -
-ec -lneurred-folon-Partlclpat ing.Coats ---------____________ _$Q.Cll:
(Includ ing Non-Part icipating Ind irects)
lrOTAL BUDGETED FUNDS $129 000 .0(
2 ESTIMATED COOT-INCURRED COSTS
a. Federal Share $0.0C
(80 % of Participati ng Costs)
b. Local Sha re
Lo ca l Agency Share of Pa rticipating Co sts $0 .00
Non-Part icipa ting Costs (Includ ing Non-
Part ici pating Ind irects) $0.00
Esti ma ted lo be Bill ed to Local Agency $0.00
I TOTAL ESTIMATED CDO T-INCUP.R!:D COSTS $0 .00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $103 ,200 .00
b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $0.00
I TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $103 ,200 .00
FOR COOT ENCUMBRANCE PURPOSES
Total Encumb rance Amount $103 ,200 .00 divi ded by
80%)
$129,000 .00
Less ROW Acqu isition 3111 and/or ROW
Relocation 3109 $0 .00
I Net to be encumbered as follows : I s129,000 .00
I Deoignl 23121P I 3020 I s1 29 ,000 .00
I Cons~ 23121P I 3301 I $0 .0C
Exhibit C -Page I o f 2 SAIS9 12
B. The matching ratio for the federal participating funds for this project is 80% federal-aid funds
(CFDA #20 20S0) to 20% Local Agency funds, it being understood that such ratio applies
only to the S 129,000.00 ($103,200 .00 Federal Funds and $25,800.00 Local Agency Matching
Funds) that is eligible for federal participation, it being further understood that all
non-participating costs are borne by the Local Agency at I 00%. If the total participating cost
ofperfonnance of the Work exceeds $129,000 .00, and additional federal funds are made
available for the project , the Local Agency shall pay 20% of all such costs eligible for federal
participation and I 00% of all non-participating costs; if additional federal funds are not made
-availabTe,·\lieTocil agi:ncysnalI pay ali -;;uchexcess costs. If the total participating cost~f -·-
performance of the Work is less than $129,000.00, then the amounts of Local Agency and
federal-aid funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $103,200 .00
(For COOT accounting purposes, the federal funds of$ I 03,200.00 and local matching funds
of $25,800.00 will be encumbered for a total encumbrance of $129,000.00), unless such
amount is increased by an appropriate written modification to this contract executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Loc3l Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein , the contract may be terminated by either party, provided that
any party terr.1inating its interest and obligations herein shall not be relieved of any
obligations which existe<I prior to the effective date of such termination or which may occur
as a result of such termination .
Exhibit C -Page 2 of 2 SA15912
•
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Exhibit D
Ctrt!flcalfop ror feder■J:Ald Contmlf
The contractor certifies, by signing this contract, to the be•t ofi:s knowledge and belief, that:
I . No Federal appropriated funds have been paid or will be paid, by or on behalf or the
undersigned, to 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 connection with the awarding of any Federal loan, the entering into of any
• -----oooperatiYe agreement, ·and t~1ension;con1inuation;1'CnCWal, amendmen~,-1>r-modification-ofany-·-·-----
Federal contract, granl, loan , or cooperative agreement.
•
•
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influc;;r.ing or attempting lo influence an officer or of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form lo Report
Lobbying," in accordance with its instructions .
Tnis certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into . Submission oflhis certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code . Any person who fails to
file the required certification shall be subject lo a civil penalty ofnot less than $10,000 and not more
than $ I 00,000 for each such failure .
The prospective participant also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
SI 00,000 and that all such subrecipients shall certify and disclose accordingly.
Required by lJ CFR 635 .112
Exhibit D -Page I of I
•
Exhibit E
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION!. f2li£:i.
It is the policy of the Colorado Department of Transportation (CDOT) 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 to 49 CFR Part 23 .
Consequently, the 49 CFR Part IE DBE requirements the Colorado Department ofTransportation
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 business enterprises as determined
by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum
opportunity to 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 talce 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 CDOT 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 to the contractor upon request:
Business Programs Office
Colorado Department ofTransportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80212-3400
Phone: (303) 757-9234
revised t/2 2/98 Required by 49 CFR Part 23.41
Exhibit E -Page 1 of 1
ExblbltF
COi.OW)() DU'AATMENT OF TIAH5'0ATATION CONTRACT AUTHORITY : -~\=~ ~~~~E~~:~~~1~ !N~0~~~~~:~,~~flc~~glon:
State Controller Polley lener on June 12, 1996
COOT Controller !etter on M1v 23 1996 -
(l)Thls form to be used for the following contract5/sltuatlons only (check the appropriate situation):
_Indefinite quantity, order more/add more _utlllty/rallroad, underestimated 10111 cost
_COOT construction , sum of CMO's _LA construct ion, underestimated cost
COOT construction underestimated 10111 cost COOT consultant underestimated cost
SECTION 1 (Realan usel
Date : 121 Prolect code (3)
To: COOT Controller (FAJI. #(303) 757-9573 or e-mail CONTROLLER) Project# (4)
~:i%~-;-C5)---------~O~L rn _____________________ Phone# (5) --~AJI.# (5) ___ ----------~--
COOT has executed a contract with: (6)
Address : (6)
FEIN# (6) Contract routing # (7) COFRS tncumbr1nc1: I (lndlcue PO, SC or PC ti
(II
Fund I Orgn . I Appro. I Prgrm . Fune . I Object/Sub-obj N/P I GBL Report i ng Catg . I Proj /5ub /Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9)
-1al contract amount Has a Budget Request been processed to cover the cont ract amount Increase?
0) ves no 1141
Previous Funding Letter(s) total Preparer's name (1 5)
S (11)
thndl~let1tt •l1hni •___I PHONE NO :
This Funding Letter total Contract Adm inistrator's/Bus i ness Manager's Approval
s (12) (16)
(I_J PHONE NO:
Adjusted contract amount COOT Deslgnee Approval
S (13) (17) -.
Local Agen ,, Jpproval
(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 Adjusted contract amount plus 10111 CE & lnd lrert
_CE pool ellg . (19) S (19) S (19) chuges c11cu11tlon S (19)
A reviewed the flnanclal status of the project, organization, grant and have determined that sufficient funds are available
,er this Increase effective as of 1191 -State Controller or Delegee I O•te (20) (20)
Exhibit F -Page I of I
• ExhibitG
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
assigned for each task .
After a project has been approved for Federal funding In the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (CDOT) Project
Manager, Local Agency project manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
-·------amt-COOr.imreo0f-Agreermmtrt.lnttwflhlotpmcesntocal~en·cy·agreemen r -____ ., ___ -·
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 .
•
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ExhibitG
l l~LORAOO DEPARTMENT OF TRANSPORTATION
OCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No . I STIPNo. I Project Code I Region
STE M39S-013 DR6638 15912 08
Project Location I Date Ptatto River. Englewood Golf Course
08/02/2006
Project Description
Platte River. Englewood Golf Course bike & Pedestrian Bridge
Local Agency Local Agency Project Manager
City of Englewood Dave Henderson
COOT Resident Engineer COOT Project Manager
Tony Gross Carol Anderson
INSTRUCTIONS:
This checklist shall be utilized lo establish the contract admlnlstraUon responslblllUes of the Individual parties lo this agreement.
The checklist becomes an attachment lo Iha Local Agency agreement. SecUon numbers correspond lo the applicable chapters
of the COOT Local Apency Menus/.
The checklist shall be prepared by placing an •x• undar the responsible party, opposite each of the lasks . The "X-denotes Iha
party responsible for lnlllaUng and execullng the task . Only one responsible party should be selected. When neither COOT nor
Iha Local Agency Is responsible for a task , not applicable (NA) shall be noted . In addlUon , a"#" will denote that COOT must
concur or approve .
Tasks that will be parlonned by Headquartera staff will be Indicated . The Regions , In accordance with established policies and
·,cedures , will detennlne who will parlonn all other tasks that are the responsibility of COOT. I 1e checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, In cooparaUon with the Local
Agency Project Manager, and submitted lo Iha Region Program Engineer. If contract admlnlstraUon responslbllltles change, the
COOT Resident Enolneer In coooerallon with the Local AQencv Prolecl Manaoer will oreoare and distribute a revised checklist.
ds
RESPONSIBLE
PARTY
LA CDOT
X
X
X X
raement see also Cha tar 3 X
X
X
X
X X
X X
X
X
X X
X
X
X
and con■truction cost estimates X
X
CDOT Form 1243 07/02 P■ge1 of 4
Prtvlou1 edltlona ■re obaottt■ and may not be u11d
NO . DESCRIPTION OF TASK
ExhibitG
RESPONSIBLE
PARTY
LA COOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1
6-2
Set Underutilized Disadvantaged Business Enterprise (UBDE) goals for consultant and
construction Contracts COOT R Ion EEO /Civil RI hll S 11,1
Determine al!Elicabllily of Da vis-Bacon Ad
This project D la 8 Is not exempt from Davia-Bacon requirements as delennlned by the
functional claaslflcatlon of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
08/02/2006
Dale
Goal Is zero ~ total construction Is lass th an S 1 million (COOT
e Decision , all required Disadvantaged Business
special provisions and FHWA Fann 1273 are lnc!udad In the
than three weeks
cata of Proposed Underutilized DBE Participation when the
deruUllzad DBE Good Faith Effort Documentation and
made a good faith effort when the low bidder does not meet
documentation for COOT award concurrence
m COOT to award
n of low bidder
nda Is In COOT COnstruction Manu
A nda Is In COOT Consfn,cfion Manual
) registered In Colorado, who will be "In responsible chn111e of
Phone number
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COOT Form 1243 07/02 P1ge2 of 4
Previous edition• arw ob1~et• and may not be und
•
•
I.
ExhibitG
RESPONSIBLE
.. DESC~PTJDN DFTABK PARTY
LA COOT
Provide competent, e,cperlenced 11111 who will onaure the Contract work 11 conatructed In ICCO-with the Diana Ind ............... X
Conatructlon -~n and documentation X
8-S """"'"" lhoD drewlnn1 X
e-e Perform trefflc control lna-~ns X
8-7 Perform conatructlon aurve\llfV'I X
11-8 Monument naht-of-wav X
8-9 Prepare and approve Interim and final Contractor pay estimate• X
Provi de the name and phone number of the per10n authorized for this tesk .
Llm~lmm2 ~g~-Z§2·2~
Local Aaencv Rooreaontative Phone number
8-10 Pranare and anrvnve Interim and final utilttv/rallroad bllllnos X
8-11 Preoare l.ocal Aaencv ralmburaement reauesta X
8-12 Praoare and authorize channe ordera X
8-13 Annrove al ch1nae orders X X
8-14 Monitor oro eel flnanclal stal\ls X
8-15 Prenare and submit monthlv nrnnress reoorts X
8-18 Resolve Contractor cillms/dl~n .. X
8-17 Conduct routine, random project revlewa
Provide the name and phone numbor of the peraon responsible for this task . X ~. ~mH ~ga:az2-am
COOT Res:dan1 Enolneer Phone number
MATERIALS
9-1 Conduct Materials Praconstruc1ion meeUno X
9-2 COOT Form 250 -Materials DocumantaUon Record . Generate form , which lnclud .. determining the min imum number of required tasta and X
applicable material submlttals for all materials placed on the project X . Update the form as work progresses X . Comolete and distribute form after work Is com c:.lad
9-3 Perform orolflcl acceotance samol .. and testa X
9-4 Perform laboratorv verification tests X
9-5 Accept manufactured products
lnspec11on of structural components: X . FabricaUon of structural steel and pre-sllessed concrete structural componenta . Bridge modular expansion devices (O" to 6" or greater) . Fabrication of bearino devices
9-6 Anorove sources of matertals X
9-7 lndepend81\t Anuranca TesUng (IAn, Local Agency Procadures O COOT Pmcadures 181 . Gener ,te IAT schedule X . Schedule and provide noUficatlon X . ConductlAT X
9-6 Approve mix dealgns X . Concrete X . Hot bituminous oavement X • q Check flnll materials documentation X • 0 Comolete and distribute final materiala documentation X
CDOTForm 1243 07/02 Pago! of 4
PrtYlous edition, are obaotete and may not be UHd
Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fultlll =-bullltln board n1 '>IClcallllCIU-X
10-2 COOT Fonn 205 • Sublet Pormlt Appllcltlon
Review and sign completed COOT Fonn 205 for uch 1ubcontrlclor, 1nd 1ulxnlt to X
EEO/CMI Rlohll S-1•111t
10-3 Conduct employee lntervlewl, Complete COOT Fonn 280 • Equ■I Employment Opporl!Jnlty X
and Labor Compliance Verfflcatlon
10-4 Monitor Dlndvllnt■ged BUllneu Enterprise participation lo en1u,a compliance with Iha X
'commerciallv ullful function" raoulramenll
10-5 Conduct lralnee lntervlewa . Complete COOT Form 200 • OJT Training Qu11llcanalra when X
oroler.i utllh•-nn-lhe-lob tralna11
10-8 Check cenman NIVn'\11• fCOntKt the R--EEOICMI u-11 s:..--.11,ta far tru,lna 1'80Ulremtntl.l X
10-7 Submit FHWA Fonn 1391 • Hlohwav Construction Contracto(s Annual EEO Reoort X
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 pro]<,ct Inspection , and complete and submit COOT Form 1212 • Final
Acceotence Reoon (Rnldant Enolneer with mandatory Local Agency participation.)
Wrttefinal!5i AdvartlH for
Preoara and ad olana
Checlc final the final oav estimate
Checlc material documenlltlon and submit final material certification laaa Chaoter 91
Obtain COOT Fonn 17 • Contractor DBE Payment Certlflca~on fnom the Contactor and
submit Resident Enolnaar
avmant
Form 4 7 • Statement of Materials and Labor Used .. . from Iha Contractor
Comolate and submit COOT Fonn 950 • Prolect Closure
Retain crolect records for six vears from date of cmlect closure
Retain final varalon of this checlcllst and distribute coDlas
cc: COOT Resident Englnaar/Projact Manager
COOT Region Program Englnaar
COOT Region EEO/Civil Rights Specialist
COOT Region Materials Englnaa r
COOT Contracts and Market Analysis Branch
Local Agency Project Manager
X X
X
X
X
X
X
X
X
X
X
X
X
CDOTForm 1243 07/02 P~ril, of 4
Prevlou1 edltJon, ,,.. ob1olet1 and may not be UHd
•
•
•
•
•
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ExblbltH
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDEJtAL-AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULT ANT SERVICES
Tide 23 Code of Federal Replatiom (CFR) 172 appU .. 10 1 federally flmded local •aency project •areemc•t
adminilteredbyCDOTthatinvolve1profmional comul11ntaervice1. 23 CFR 172and23CFR 172(d)ltlte th■~ "Wben
federal-aid highway funds putk;~ate in the cnntract a local 1ball use the llfflC procedum u used by the State 10
1dminil1Cr contracta .. , •, Tberefort, local 11encie1 mwt comply with tbiJ CFR requirement and the followina state
procedures when obtaining prufmional CODIUltant aervicea under I federally Nndecl CODlultant contracudministmd by
COOT.
COOT hu formultted its procedures in Procedural Directive (P.O.) 400 ,I and the related operatiom guidebook tided
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations , i.e ., 23 CFR 172 and Colorado Revised Statute (C .R.S.) 24-30-1401 et seq. Copies oftbe directive
and the guidebook may be obtained upon request from CDOTs Agreements and Consultant M■n1gemen1 Unit [Local
agencies should have the ir own written procedures on file for each method of procurement that 1ddre 11es the items in 23
CFR 172 .5(b)(l •6)].
Because the procedures and laws described in lhe Procedural Directi ve and the guidebook are quite lengthy, the
subsequent sr :ps serve u a shon-hand guide to COOT procedures that a local agency must follow in obtaining
profess ional consultant services. This guidance follows the format of23 CFR 172 . The steps are:
I. The conb'lcting local agen cy shall docwnent the need for obtaining professional service s.
2 . Prior to solic itation for consultant services , the contracting local agency shall develop a detailed scope of work
and a list of evaluation factors and their relative uq>Onancc . The evaluation fa ctors arc those identified in C.R.$.
24-30-1403 . Also, 1 detailed cost et timate should be prepared for use during negotiations .
3. The contracting agency must advertise for contracts in confonnily with the requirements of C.R.S. 24-30-1405 .
The public notice period, when such notice is required. is a minimum of l 5 days prior to the selection of the three
most qualified rmns and the advertising should be done in one or more dtiily newspapers of general circulation .
4. The request for consultant services should include the scope of work, the evaluation factort and their relative
importance , the method ofpaymen~ and the goal of ten percent (10%) Disadvantaged Business Ente,prise (DBE)
participation as a minimum for the project.
5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403 . This section
of the regulation identifies the criteria 10 be used in the evaluation of COOT pre-qualified prime consultants and
the ir team. It also shows which criteria arc used to short-list and to make a final selection.
The short-list is based on the following evaluation factors :
a. Qualifications,
b . Approach lo the projec~
c. Ability lo furnish professional services .
d. Antic ipated design concepts, and
e. Alternative methods of approach for furnishing the professional services .
Evaluation factors for final selection arc the consultant's :
1. Abilities of their personnel,
b. Past performance,
c. Willingness 10 meet the time ffld budget requiremen~
d. Location,
Exhibit H -Page I of 2
EulbltH
e. Cunenl 111d projected work load,
r, Volume orprevioualy awudod C0111rae11, and
a, Involvement or millmty CODIW1IDII.
UP4■r MP:1101, S9IS !hall APt ft F9mldtc,d 111 [IF19t IP till IYalMldPP g(pro(wlaut C9PfYltaAt
aalssL
6. Once a C0111Ul11111 ii selected, the loul aaency enten into ~aotiationa with the comulllllt to obtain a rair and
reuonable price ror the anticipated work. Pre-oeaotiatioo audill are propuod rorcootrocta c.q,octed to be IIIOlfer
lhan SS0,000. Federal reimburaeroent for CCIII are limited to those CCIII allowable Wider the coat princlplea o(48
CFR 31. Fixed recs (profit) are determined with comideradon given to size, complexity, duration, and dearee or
riak involved in the work. Profit ii in the ranae ohix (6) to fifteen (IS) pe!<ODI or the total diJOct and indirect
COl tl,
7. A qualified local agencyO!Jllloyec shall be reapomible and incbuJe o(the project to ensun, that the work being
· punued ii complete, accurate, and coosiltent with the terml, ccndidona, and ,pecificatiooa o(tbe ccntnct. At the
end ofprojec~ the local agencypreparet a perfonnance evaluation(• COOT fonn ii 1V1ilable) on theconaulllDI.
8, Each or the steps lilfea lbOVe ii to be documented in accordance with the provision, or 49 CFR 18.42 , which
provide for record& w be kept 11 leut three (3) yo111 from the date t~I the local agency submits its final
expendituie report. Records of projects under liti&ation shall be kept at leut three (3) yoan after lhe...,.. bu
been 1ettled,
The C.R.S. 24 l0-140 I through 24-30-1408, 23 CFR Part 172, and P.O. 400 .1, provide additional delails for co"1'1ying
with the eight (8) ateps just discussed.
Exhibit H-Page 2 of2
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•
•
Exhibit I
FHWA,127J~YfllOII-MtfOl\0,1"'
FHWA r-orm 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I, General .H ................. .
11. Nondi1crimln1tlon ................. ..
Ill. Nonsegregated Facllltles ........... ..
l\o . Payment of Predetermi ned Minimum Wage .... ..
V. Sta teme nts and P1yrol l1 ....................................... .
VI , Record of Mate rials, Suppllet, and labor ............... .
VIL Sublettlng or Assign ing the Contrld .....•.
VIII . Safety: Accident Preven Uon ................. ,, ......... ,, .. .
IX... .... _,...£alaa.Sla~t1-Concemln~l'twa)"Profectt .. -:::
X. lmplemenlaUon of Clea n Air Ad and Federal
Waler Pollutlon Control Act ........................... .
XI. Certification Regard ing Debarment, Su1pen 1lon ,
In eligibility, and Voluntary E1tclus lon ........................... ,, ..
XI ' CertiricaUon Regarding Use of Contract Funds for
, ,
3
6, Stltctlon of Labor: Du ring the performance or this con-
tract. the contraclor 1h1II not:
3 a. discriminate agaln1t labor from 1nyother State , pones•
6 slon , or lenitory of the Un ited States (1111copt for employment
6 preference for Appalachian contradl, when appllcable, H
7 1pedned In Attach ment A), or
~ ---· 1)7~11'MpRfy cbnvic:Tli6orTor iny"purp0se wllhii1lhii1ini\l01
the projed unless II 11 labor performed by convicts who are on
pProle , 1upervi1ed release, or probation .
II. NONDISCRIMINATION
Lotibyi ng .. . ... 9 (AppHc:able lo all Federal -aid construction contract s and lo all
rel1\ed subcontracts of S 10,000 or more \
ATT AC HMENTS
A. Em ployment Preference for Appalachian Conlracb
(Included In Appalaehian conlrac ls onl y)
I. GENERAL
1. These contracl provisions sha ll apply to all wo~ performed
on lhe contract by !he con tra ctor's own organization and wi th the
ass lslance of workers under the contracto r's Immed iate superin-
tenden ce and to all work performed on the contract by piecework ,
sta tion work, or by subcontract.
2. E11cept as otherwise provided for in each section, the
conlractor shall inse r1 In each subcontract all ol the stipulati ons
conla lned In these Requ ired Contract Provisions , and fu rther
req uire their inclus lon In any lower tier subco ntract or purchase
order that may in !um be made . The Requ ired Contract Provi•
sions shall not be lncorpora\od by reference In any case . The
prime con\ractor shall be responsible for compUence by any
subcontractor or lower tier subcontra ctor with these Requ ired
Contract Provisions .
3, A breach of any or the slipulatlons conlalned In these
Required Contract Provi sions shall be sufficie nt grounds for
term ination of lhe contrai:t.
4. A bre ach of the following d au sfjs of the Requ ired Contract
Pro visio ns ma y also be grounds for dabarment as provided In 29
CFR 5.12:
Section I, paragraph 2;
Seclion IV, paragrap hs 1, 2, 3, 4, llnd 7;
Section V, paragraphs 1 and 2a through 2g .
5. Disputes Prising out of the labor 118ndard1 provisions of
Sectlon IV (e 11cept paragraph 5) and Section V of these Required
Contra ct Provision, 1hall not be 1ubjed ta the general dl1putes
clause of 1h11 contract, Such disputes 1hall be rnotved In aCCOf•
dance with the procedures of the U.S. Oepar1mentof Labor (OOL)
•• HI forth ln 29 CFR 5, 6, and 7. Dltpulel within the meaning of
this clause include dl1pul11 between lhe contrldor (or any of Its
1ubcontrlctort ) and the contracting agency, the OOL, or the
contrac:tof"1 empk,yee1 or their represent1Uve1 .
1. Equal Employment Opportun'iy: Equal employment
opportunity (EEO) requirements not to dlstrimln,te and to take
affirmaUve action to assure equal opportunity as set forth under
laws , eJCecutlva ordert, ru1ea, regulatlon1 (28 CFR 35 , 29 CFR
1630 and 41 CFR 60) and orders of the Secretary of Labor as
modified by the provl1lon1 pres crlbe d herein, and Imposed
pursuant to 23 U.S.C. 1•0 1hall con1t11ute the EEO and specific
affirmatlvo action standards for the contractor's projed activitie s
under thl1 contract, The Equal Opportunity Conatrucllon Contract
Spe clflcatlons set forth under 41 CFR 60-4 .3 and the provl1lons of
the Ame rican OlsablHllet Ad of 1990 (42 U.S.C, 12101 m,ug.)
se t forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by
reference In thl1 contrad. In the 111ecutlon of thl1 contra ct, the
contractor agrea1 to comply wtth the following mlnlmum speclnc
requ irement acti vi ties of EEO:
a, The contractor will work with the State highway agency
(SHA) and the Federal Government In carrying out EEO obliga -
tions and In their review of his/h er activities under the contrad.
b, The contractor wl11 accept II hit opera ting policy the
following statement:
·u Is the policy of th is Company to assure that appllcanls are
employed, and that employee s are treated during employ-
ment, without regard to their race , religion, 1111, color,
national orig in, age or dlsablllty. Such adlon shall Include :
employment , upgreding , demotion, or tran1fer; recruitment or
recrultmenl ad v11rt11•no: layoff or termlna llon: rates of pay or
other forms of compensation : and seledlon for training ,
Including apprenti ce ship, preapprenticeshlp, and/or
on.the-Job training .•
2. EEO Officer: The contractor will d11lgnate and make
known ta the SHA contracting offlcer1 1n EEO Officer who will
have the re1pon1iblllty for and mu1t be capable of etfacttvely
admlnl1tering and promoting an active COfllractorprogram of EEO
and who must be 11slgned adequate authority and rnponslblllty
todoso .
3. D....,,,lnatlon of P~lcy: All memberl of the contractot1
staff who .,. authorized to hlre , 1upeMse, promote , and
dlschargeemplo)'NI, or who recommend such action , orwholf9
l!lb1tantlally Involved In tuch action , will be made fully cognizant
Exhibit I· Pagel of9
of. and will impIem1nI , the contr1ctor'1 EEO pol lcy 1nd contractual
rt1pon1lbllltlt1 to pro vide EEO In Heh grade and d1111ficatlon of
empk)ymenL To ensure that the above agreement will be met. lhe
fonowl~ 1ctlon1 will btl taken 11 1 minimum :
1, Periodic me1Ung1 of 1upervlI0ry and per,onnel office
empl0Yffl will be conducted before the ttlrt of work and then rlOt
1111 often than once every 11• months , 11 which time the contract•
or't EEO policy and 111 lmp~mentatlon will be reviewed and
el(J)la lned . The meeting, will be conducted by the EEO Officer.
b. All new 1upervl1ory or pert0nnel office employee1 wlll be
given I thorough lndoctr1n1Uon by the EEO Officer, coveting all
ma jor a1pect1 of the contrlctor't EEO obtlgIUonI wllhln thirty
days foUowlng the ir reporting for duty with the contractor.
c. All perwnMtl who are engaged In direct recruitment for
the project will be instructed by the EEO Officer In the contradott
___ -~n-for locatln; and-hlrin~mtnorft10rt>utflin'l pl0yiiii: ..... -
d. Notices and posters setting forth the contractor'• EEO
policy will be placed In areal readily accesslble to employees,
applicants for employment and potential employees .
e. The contractor's EEO policy and the procedures lo
Implement such policy will be brought to the altenllon of em ploy-
ee s by moans of meeting s, employee handbooks , or other
appropriate means .
4, Recruitment: When advertising for employees , the contrac-
tor wi11 lnctude In all advertlaements for employees the notation :
-An Equal Opportunity Emplo)'er. • All such advertisements will be
placed In publlcations having a large circu1allon among minority
groups in the area from which the project wont force would
normally be derived .
a . The contraclor wlll , unless precluded by a valid bargain-
Ing agreement , conduct systematic and direct recrullment ltvough
publl c and private emplo)'ee referral sources likely lo yield
qualified minority group appl icants . To mee t th is requirement, the
contractor wlll Identify sourcos of potential mino rity group
emp loyees , and establi sh with such iden tified sources procedures
whereby mino rity group appllcants may be referred to the
contractor for employment cons ideration .
b. In the avant the contractor has a valid bargaining agree-
ment providing for exclusive hiring hall referrals, he Is expected to
obaerve the provisions of that agreement to the eKlent that the
system pennlts the contractor's compliance with EEO contrad
provisions . (The COL has held that where lmplementatlon of such
agreements have the effect of discriminati ng against minorities°'
women , or obligates the contrador to do the aame , such
imple mentatlon violates Exea.Jtlve Order 11246, as amended .)
c. The c.onlractOt will encourage his present employees lo
refer minority group applicants for employment. Information and
procedures with regard lo referring minority group applicants will
ba discussed with employeas ,
5. Ptrtonntl Action,: Wages , wonting conditions, and
employee beneflls shall be established and administered, and
personnel actions of every type, Including hiring , upgrad ing,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race , color, rellgion, sex, national origin ,
a~ or dlaabllity. The following procedures shall be followed :
•· The conlrattGr wi ll conduct periodic lnspecllont of
project sites to Ins ure 1h11 working conditlont and employee
facl tltleI do not lnd lcata dlaalmlnatory treatment of project site
pet1onnel.
b . The contractor will period lcally evaluate the spread of
wages pa id within each classiflcaUon 10 delennlne any evldenoe of
Exhibit I
dl1trimlnItory wage practlc.es .
c. Theconlrlciofwlll perlod lcaltyrev1ewtektctedper10nnel •
IdlonI In depth to determine whether there Is evidence of
dlsaimln ■Uon. Whera e'Adance la found , the conlrlciof will
promptly take corrective action. If the review Ind icate, that Iha
dlscriminaUon may extand beyond the acllonI revle'NOCI , Iuch
corrective action shall lncluda 111 affactad persons .
d. The contractor will promptly Investigate all compla ints o.1
alleged dltcrimlnatlon made to the contractor In connection with
his ob l1QItlon I under lhls contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a.
re11onIble tlma . If the lnveatlgaUon lndlc■lel that the
dlsaimlnallon may affect pet10ns othar than the compla inant,
such correctlve action shall Include such other persons. Upon
completion of aach Investigation, the contractor wlll lnfonn every
__ .• _COIJ!Pjp l111DLaf.all of hlu.~s.OHS)peal-,· -----
6. Training ,ind Promotion:
a. The contractor will ass ist In IOcaUng , qua lifying , and
Incre as ing the skills of minority group and women employees , al'\d
appli cants for employment
b. ConIi1lent with Iha contractor', work force requirements
and as perm lsslble under Federal and Slate regulations , the
contractor shall make full use of training programs , I.e ..
apprenticesh ip, and on,the,Job training program, for the
geographlcal area of contract performanc.e . Where feaslble , 25
percent of apprentices or trainees In each occupation shall be In
the ir first year of apprenticeship or training . In the event a a peel al
provision for tra ining Is provi ded under this con Ira cl, this subpara-
graph w111 ba superseded as Indica ted In Iha specia l provision .
c. The contra ctor will advise employees and applicants for
employmanl of ava il able tra ining programs and entrance
req uirements for each .
d. The contractor will periodically revtew the training and
promotion potenUal of minority group and women employees and
will encourage eligible employees to apply for such tra ining and
promotion .
7. Union,: If the contractor relies In whole or In part upon
unions as a source of employees, the contractor wlll use hls/her
best efforts to obta in the coop.1ration of such unions to Increas e
opportunlties for minority groups and woman within the unions ,
and to effed referrals by such un ions of minority and female
employees . Action, by the contractor either directly or through a
contractor', association acU ng II agent will lndude the
procedures set forth below:
a. The contractor will use best efforts to develop, tn
cooperation with the unions , Joint tra ining programs aimed toward
qualifying more minority group members and women for
membership In the un ions and Increasing the skllls of minority
group emplO)'ees and women so that they may qualify for higher
paying employment.
b. The contrador will use best efforts to Incorporate an
EEO clause Into each un ion Igreement to the end that such union
will be contractually bound to refer applicants without regard to
their race , color, religion, sex, natlonal orlgln , age or dl11billty.
c. The contractor 11 to obtain lnfonnatlon II to the refarral
practices and policlet of the labor un ion except that to the extent
such information Is within the exeluslva possesalon of the labor
union and auch labor union refusea to fumlah 1uch Information to
the contractor, lhe contractor thall so oertlfyto the SHA and 1h1H
set forth whal effort, have been made to obta in such lnfonnaUon.
d. In the event the un ion Is unable to provide the contractor
•
•
Exhibit I -Page 2 of 9 REQUIRED BY 2l CFR 6JJ , 1 02
wtth I reasonable now of minority an:J women r1f1rral1 within the
•
time Hmlt Ht forth In thl collec:Uve bargain ing egreement. the
contradOI' win , through Independent recruitment 1fforta, flft the
employmtnl vacande1 without regard to race, color, rellglon, IIX.
natlonal origin, age or dlublllty: making full effor11 to obtain
quallhed and/or quallftable mlnor1ty group pert0n1 and women.
(The DOL h11 held that It 1h1II be no excuae that the union with
whleh the contractor h11 a coHMlive bargain ing agreement
providing for 1xdulive referral fell ed to refer minority employeel.}
In the event lhe union referral practice preven&I the contractor
from meetlng the obllg1tlon1 pursuant to ExeaJUve Order 112,s,
a, amended, and these 1pedal provi 1lon1, such contnlctor 1hall
lmmedlole~ noUfy lhe SHA,
8. Sttecilon of Subcontractora, Procurement of M1t1rtal1
and LHalng of Equipment: The contractor shill not dll01mlnate
on the grounds of race, color, reUg lon , aex. natlonal origin , age or
dlsablllty in the aetedlon and re •.ention of auboontr"ICtol"l , lnduding
---procutiimenrorrfialeria l1 and ll'Olft or-e1qulpmenl. ·••
•
•
e. The contractor shall notlty 1111 r,otenUal subcontractors
and supp liers of his/her EEO obllgatlons under this contract.
b. Disadvantaged buslne11 enterprises (DBE), as defined
In 49 CFR 23, shall have equal opportunity to compete fOI" and
perform subcontracts which the contnlctor entera Into pursuant to
th is contract. The contractorwtll use his bes! efforts to solicit bids
from and 10 utilize DBE !IUbcontrado~ or 1ubcontractora with
meaningful minority group and female representation among their
emplo)'Hs. Contractors ahaU obtain lists of DBE construction
firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tra ctor compli ance wtlh their EEO obl lgallon1 .
9. Record, and Reporb: The contractor shall keep such
records as necessary to document compliance wtth the EEO
requirements . Such records shall be retained for a period of three
year1 following completion of the contract wont and shall be
available at reasonable times and places for lnspedion by autho-
ri?ed representatives of the SHA and the FHWA.
a. Tho records kept by the contractor shall document the
lollowtng :
(1) The number of minority and non -m inority group
members and women employed In each wor1< dassiftcation on the
project:
(2) The progress and efforts being made In cooperaUon
with un ions, when applicable. to Increase employment opportuni -
ties for minorities and women :
(3) The progress and efforts be ing made in locating ,
hiring , training, qualifying , and upgrad ing minority and female
employees : and
(4) The progress and efforts being made In securing
the aervlces of DBE 1ubcontractor1 or 1ubcontractor1 wtth
meaningful minority and female representation among their
employees .
b. The contractors wttl submit an annual report to the SHA
each July for the duraUon of the project, Indicating the number of
minority, women , and non -minority group employee• currenUy
engaged In each wor1< classlflcatton required by lhl conlrllctwo,1,i;.
Thl1 lnfom,atlonistobe reported on Form FHWA.-1Jg1 , tfOJHhe
}ob training Is being requ ired by special provision , Iha c:ontraCIOr
vltl be required to collect and repon training data .
Ill. NONSEGREGATED FACILmES
(Applicable lo all Federal-a id construdk>n contradl and to all
Exhibit I
rel1tod 1ubcontr•r'" ,, $10,000 or more .)
1. By subrr li"),r,-'I of thl1 bid , the execution of th l• conlrllct
or subcontract, or lhtt consummation or 1h11 material ,upply ~
mint or purchau omnr, es appropriate , th• bidder , Feder1l-ald
construction ODnlrl ctoi, 1ubcontractor, material ,uppller, or
vendor, 11 approprtG 11 C4 rtlftat that the nrm doe• not maintain or
provide fOI" Its 1mp1o~, any ngregaled fac:lliUH 1t any ol 111
establlthmentl, and that the nrm does not perm it Ill employln to
perform their 11rvtce1 at any loclUon, under Ill control, where
segregated f1c:llllle1 are ma intained , The firm IQNHII that a
breach of thl1 cartlflcatlon 11 1 vlolatlon of the EEO provisions of
this contract. The firm further certifies that no employee wtH be
denied ac:c:e11 to adequate facl11Ues on the b11l1 of sex or
dlsablllt-J.
b. Al used In this certification , the term •aegregated
f1cllitle1· means any walling room,, wor1< areas , restrooms and
-wnhroomt,·rettourentl IJftdolhernllnglfff1,-Umeclock.1,.loclrM .----
rooms , and other slOrage or dress ing are 11, pa~lng lots , drink ing
fountains, recreation or enterlllnment areas , transportation , and
hou1lng facllltl11 provided for employees wtilch are segregated by
expllc:lt directive, or are , ln f1c:t, segregated on the b11l1 of r1ce ,
color, ra llglon , naUona1 origin , age ordlublllty, because of habit,
local custom , or otherwise . The only exception wtll be for the
disabled when the dam1nd1 for 1c:c:e11lblllty overrlda (e .g.
dlHbled par1<1ng),
c. The controctor agre11 that It has obtAlned or will obtain
Identical certification from propaNd subcontractors or material
suppliers prior to award of 1ubcontt1CU or consummation of
material supply agreements of $10,000 01" more and that II wlll
rel.a ln 1uch c:ertlflc:aUons In Ill flies .
IV . PAYMENT OF PREDETERMINED MINIMUM WAG!
(Applicable lo all Feder■l•■ld construction contracts axe.Md Ing
$2 ,000 and to alt related subcontracts , except lor project■ loc1ted
on roadways d111lfled II local roads or rural minor c:o llecto,-:,
'Nhlc:h are exempl)
t . General :
1. All mechanics and laborer1 employed or wo~lng upon
Iha site of Iha wont wlll bl paid uncondltlonally and not len often
thin once a WNk and without 1ub1equenl deductlon or rebate on
any account (except such pa)"OI I deductions as are perm itted by
regulation I (28 CFR 3) IHued by the Slcretaryoflabor under the
Copet1nd Act (40 U.S.C. 27ec:)) the full amounts of wages a
bona fide fringe benefits (or c:aah equlvalents thereof) due at !!1111.1
of payment. The payment 1ha1I be computed at wage rates no!
1111 than lhoH contained In the wage delermln ■Uon of the
Secretary of Labor (herem1ftar "tht wage determination•) which ls
attached hereto and made a pal1 hereof, regardle11 of any
contractual retdonlhlp ¥ffllch may be llleQed to axial between Iha
c:ontrador or ltl 1ubcontractor1 and such laboraf'I and mechantc:s.
The wage dell""ln■tlon (lnduding any 1ddftlonal da11lflcatlon1
and wage rate, c:onfofmed under paragraph 2 of thl• Section IV
and Iha DOL po■llr (WH-1321) or Form FHWA-1495) lhlll be
posted at 111 times by the contractor and Ill 1ubcontr■ctor1 at the
site of the wor1< In I promln1nt and 1C0Hsible place where it can
be aaally tNn by the worttert. Fnr lht purpote of this Section ,
conlt1bullons made or costa b!y entldpated fOI" bona tide
fringe benefttl under Section 1(t.)l~) of lhl D1vl1-Bacon Ar:l (40
U.S.C. 2761) on behltf of labof'tll; Or mechanics arw con,111.,ed
wages paid to such laborM or n,~hanlca, tubfed to the prol/l-
1ion1 of Sodlon IV ,paragraph3b, '-1. Al ■o,fotlhepul1)0llc!
thls Section, regular contribution■ madl or 00ltl lr'IQ#T9d for more
than • weekly pe,Jod (but not leH ol\■n than qual1er1y) under
plans, fund1 , or pl'Ogram1, which cover the particular weekly
period , ara deemed to be c:onslntdtvely ~ 01" Incurred during
auch weekly pet1od . Such laborerl and mechlnlc:a 1haU bl paid
the appropriate wage rate and fringe bel'llfltl on the wage
Exhibit I -Page 3 of 9 RE QU IRED BY 2) CFR 633 ,102
determlnaUon for the dlHlft CIUon of wOftc lctullly performed ,
without regard to skill, except II provided In paragraphs• and 5
ofthlt 5ectlon IV.
b, Llbor9rs or mechanics perfonnlng work In more than
one daHltlcatlon m,y bl compenuled at the rate 1pec:lfted kif
each d111lftcatlon for the time actually worked therein , l)f'Ovlded,
that Iha amptoya,'1 payn,11 rooonSa aa:u,.toty Ml fOflh Iha time
tpent In Heh danlftcatlon In wl1lch W0l'k It perfonned.
c. All rulings and lnllrpretatlon1 of the Davfl.BaoonAdand
related adl contained In 20 CFR 1, 3, and 5 are herein Incorpo-
rated by reference In thl1 conlrld.
2. Cl111lflc.tlon :
1. The SHA contra cting officer shall require that any dau
of laborers or mechan lca employed under the contract. which la
•• nof.~ln-the-wege determfnatlon , 1htt+l--be dn1Hl e6 ·ln
conformance with the wage delermlnaUon .
b. The contracting officer shall approve an additional
clasal flca tlon , wage rate and fringe beneflll only when the
following a1terta have been met :
(1) the work to be performed by the add itional
d an mca uon requested 11 not performed by a cl a11mcaUon In the
wage delennln11.tlon ;
(2) the add lUonal dasslflcaUon 11 utlllzed In the area by
the construction Industry.
(3) the proposed wage rate, lndud!ng any bona fide
fringe benefits , bears a reasonable relationship to the wag a rates
contained In the wage delennlnaUon : and
(4) with reapect to helpers, when such a daaalflcaUon
preva ll a In the area In which the wor1( It performed .
c. If the contractor or tubeontractors , 11 appropriate, the
laborers and mechanics (lf known) to be employed In the addition-
al claaalflcaUon or their representatives , and the cx,ntractlng officer
agree on the claasifica Uon and wage rate (Includ ing the amount
dealgnatett for fringe beneflll where appropriate), a report of the
acUon taken ahall be 1ent by the contracting officer to the OOL ,
Admlnlatrator of the Wage and Hour Olvltlon , Employment Stan-
dartts Admlnltlration , W•hlngton , D.C . 20210 . The Wage and
Hour Administrator, or an aulhortzed repreHnllUve , will approve ,
modify, or disapprove evwy additional d111lflcatlon action within
30 da)'I of receipt and to advise the contracting officer or will
noUfy Iha contracting officer wlthln the 30-day period that
addlUonal Ume It neoeaaary.
d. In Iha event the contrador or subcontractors , 11 appro-
priate , the laborers or mechanics to be employed In the addlUonal
claasiflcatlon or their repreaentatlvea, and the contracting officer
do not agree on the propoted dastlflcatlon and wage rate
Oncludlng the amount designated for fringe benafllt, where
appropriate), the contracting officer 1h1II refer the qu11lion1,
Including the views of 1ll lnlare1ted parties and the recommend•·
Uon of the contracting officer, to the Wage and Hour Administrator
fordaterminatk>n . Said Administrator, or an aulhortzed repreaen-
taUve , 'Wtll ltsut. 11 determln1tlon within 30 da)'I of receipt and 10
advl ae the cx,ntradlng officer or will notify the contracting officer
within the 30-day period Uut 1ddltlonal time la M01111ry
•· The wage rate {In duding fringe benent, where appropri•
ate) determined pursuant to paragraph 2cor2d oflhl1 Section rl/
shin be pald to all WOM(Ors performing work In the addtuonal
danHk:atlon from the t1r11 day on which wort( It performed In the
dattlflcatlon.
3. Paymant of Fringe Banaflll:
Exhibit I
1. Whenever Iha ~nlmum wage ralft prncr1bad tn the •
c:oond for a c:1au of labcnB or mechanlca lndudn a l!lnga
benaftt wNch It not expraHd H ■n hourty rite, lhl c:ontraclor or
tuboontradof'I, 11 ■PPfOPNlta , lhlll tither pay the b■naftt II
st.tied In the wage determination or lhlll pay another bona ride
fringe benant or an hourty cue aqulva-,t thereof.
b. If the contractor or 1ubcontractor, 11 appropriate , don
not make µ1ym1nta to a tru11N or otherthlrti person , he/lht may
cx,nalder •• 1 part of the WIOII of any labcntr or mechanic Iha
amount of any c:ostl reaaonably 1nUdpaled In providing bona fldo
fringe beneftll under a plan 01" progr11m, provided , that the Secre-
tary of Labor haa found , upon the written requeat of the conb'ldor,
that the ■ppilcable 1tand1rd1 of the Da vi a-Bacon Act have been
met The Secretary of Ulbor may requlr• h contractor to 111
111de In a aepar11te account 111elt tot the meeting of obllgatlons
under the plan or program .
4. Apprantlctl and TralnHa (Program, of the U.S. DOL)
and Htlptrs:
a. ApprenUcea :
(1) Apprentice, will be permitted to wort at 1111 than
the predeterm ined rate for the work tney performed when they are
employed pursuant to and lnd lv\dually reg istered In a bona flde
apprenticeship program registered with the DOL, Employment and
Training Adminlalrlllon , Bureau of App(entlc:ethlp and Tr11lnlng , or
'Wtlh I Stale apprenllce1hip 1gency recognized by the Bureau, 01" If
a person ls employed In hlan,e, first 90 da)'I of probationary
employment II an apprentice In auch an apprenlk:e1h)p program,
who 11 not lndlvldually registered In the program , but who has
been ctirtlfled by the Bureau of Appfentlceahip and Tr11lnlng or a
State apprenllce1hlp agency (where appropriate) to be ellglble fOI"
probationary employment aa an apprentice .
(2 ) The allowable ratio of 1pprenUce1 to joumeyman-
level employees on the job Ille In any cr11ft ci111lftcation 1hall not
be greater than the ratio permitted to the contractor ■s to the
entl re woric. force under the registered program . Any employee
li sted on a payroll ■tan apprentice wage 1'111, who 11 not regla •
tared or otherwtae employed at stated above , shall be paid not
1111 than the applicable wage rate llsted I,, Iha wage detarmlna-
Uon for the cl1111flcatlon of work actually pelfonned , In add Ilion ,
any apprentice perfonnlng wort on the job Ille In exce11 of the
ratio permitted under the reg istered progr1m 1han be paid notlus
than the appl icable wage rate on the wage determination for the
wor1( adually performed . Where I contr■clof or aubcontractor Is
perfonnlng conatructlon on a project In a kK:allty other than that In
which Its progrsm 1, reg\atered , the raU01 and wage rataa (ex-
pr1111ed ln percentagea of the Joumeyman-level hourly rate)
specified In the contrador'1 or subconlrado(t regitlered program
shall be ob11rved .
(3) Every apprenUce must be pa id 11 not 1111 than the
rate sped fled ln the reg istered program for the apprenUce'1 levei
of progre11 , expre11ed II a percentage of the Joumeyman-ltvel
hourly rata 1peclfted In the appllcable wage determination .
ApprenUce1 shall be paid fringe beneflll In accorttance with 1h11
provl1lon1 of the apprenticeship program . If the 1pprentlce1hlp
program does i,ot 1peclfy fringe beneflll, apprentices mull be
paid the full amour,t '>f fringe benaflll Hated on the wage detennl-
natlon for the apph\Able dattltlcatlon. If lheAdmlnlatrator for the
Wage and Hour Olvllion determine• that a different practice
prevallt for the appllcable ■pprenUce c:ta111ncat1on, fringe, shall
be paid In accorttance with that datermlnaUon .
(4) In the tvent the Bureau of ApprenUoaahlp and
Training , or I State apprentlceahlp egency recognized by the
Bureau , withdraws approv.al of an apprenticeship pn,gram , Iha
contractor or subcontractor win no longer be perm itted to utilize
1pprenUce1 at le11 than the oppllcablt predetermined rate fOI" the
•
•
Exhibit I • Page 4 of 9 REQUIRED BY 2) CFR 6JJ .102
compar1ble wortt ptrlormed by regularemployee1 until an 1ccept-
•
able program 11 approved .
b, TralnNI:
(1) Excepto1provldedln29CFRS.10,lro,_willnol
be pennllled ID WM II lop than tho prodllotmlned role lof tho
'NOfk performed unlell they ,,. 1mplo)'9d purauant to and
lndlvlduatly regl1tered In I program which hll recalved prior
oppn,vol, 1Yldoncod by fomlol C0!11ftcatlon by tho OOL
Employment and Training Admlnl1trltion,
(2) Ther1t10oflf"llnH1to~1mPk>)M1
on the job site shall not be greater than permitted under the plan
approved by the Employment and Tra ining Admlnl1 tr1tlon . Arly
employee ll1ted on the payroll at I tr1lnee 1111e who 11 not
reglatentd and partldpatlng In a training plan approved by the
Employment and Training Adm lnl1tr1tlon 1hlll be paid not le11
___ ttian..lbe agpllcable wage.rate on tM-wao~n1UM-,O,..tM---
cl111lllcat1on of work actually p,,rfonned . In addition, any trainee
performing work on the job alte In e1tce11 of the ratio permitted
under the registered program lhlU be paid not 1111 than the
appllcable wage 111111 on the wage determination for the work
actually perfonned .
(3) Every trlln et must be paid al n01 le11 thin the rate
apedfled In the approved program for hll/her level of progre11 ,
expressed 11 1 percentage of the ,lourneyman-le vel hourly rate
1pedfted In the 1ppUe1ble wage determination . TralnH1 shall be
paid fringe blnentt In accordance wllh the pt0vl1lon1 of the
tralnN program . If the trainee program doe1 not menUon fringe
beneflll, tralnHI 1hall be paid the full amount of fringe benefill
ll1ted on the wage determination unle11 the Admlni1trator of the
Wage and Hour DM1lon delermintl that there II In 1pprenUce-
1hlp program 1110dated with the COfTHponding}oumeyman-level
•
wage rate on !he wag1 determ ination which provkttt for leu than
full fringe benefitl for 1pprenUce1, In which CIII such trainee,
shall receive the tame fringe benefits II epprenUces .
•
(4) In th1 event the Employment and Tra ining
Adm lnistraUon withdraws approval of I tra ining program , the
contractOf or subcontractor wlll no longer be permitted to uUllze
trainHs at le11 than the appllcable predetermlr.ed rate for the
work performed unUI an acceptable program 11 approved .
c. He lpera :
Hel~rs will be permitted to work on I project If the
helper d111lflcatlon 11 specified and deflned on the appllClble
wage determlnetlon or Is approved pursuant to the conformance
procedure set forth In Section IV.2. Anyworkerll1ted on a pa)'ftlll
11 1 helper wage rate, who 11 not I helper under I approved
deflnlUon , 1hall be pakt not lt11 lhln tho appllcable wage rate on
the wage determinaUon for the da11lflcaUon of work actually per•
formed .
5. ApprtnllcH and TralnHI (Program■ of tht U.S. DOT):
ApprenUce1 and tra inees wortung under 1pprenUce1hlp and
sklU training program, which have been certified by the Secrellry
of TranlJ)Ol'taUon H promoUng EEO In connection with Federal--
aid highway conatruction program, are not sut,fect to the require-
ments of paragraph• of 1h11 Section IV. The 1tralght time houriy
wage rates for 1pprenUce1 and trainees under 1uch programs wllt
be etllblllhtd by the particular programs . The ratio of apprentic-
es and trall'INI to )oumeymen 1h11 not be greallr than permitted
by the term, of the part1cul1r program .
6. wtthholdlng:
The SHA shill upon Ill own action Of upon written request
of 1n authorized repre11nl1Uve of the DOL withhold , or eau11 to
be withheld , from the contractor or subcontractor under 1h11
E1blblt I
contract .>I' any other Federal contract wllh the 11me pnmt
contractor, Of 1ny other Fedlr■tty-aulstld contract sut,fect to
D0~1-BIIC0!1 provllllng wage roqulromonll which 11 hold by tho
same prime contractor, a■ much of tht 1ccrved paymenta Of'
ldVlntfl •• may be conlkttf9d necnwy to PIY laborerl Ind
mechanlca , Including 1pprenUces, trainees , and helpel"I , em-
ployed by the contractor or any subcontractor the full amount of
wage, rwquirtd by the contract. ln the 1Y1nt of faHure to pay any
laborer or methanlc, In duding any apprentice, nlnH, or helper,
employ9d or wo,tung on the site of the work, al or part of the
wages required by the contract, the SHA contracting officer may,
after written not101 to the contractor, taka auch 1c:Uon II may be
nece111ry to cau11 the 1u1pen1lon of any further paymen~
advance, or guaranlM of funds untit 1uch vlol1Uon1 hive ce■Hd.
7. Ovtrtlm1 R1qul,..mtnll:
Na contractor or 1ubcontractor con'!!_cti~~ ~~.P!.r:t..of. _
-thtn:ontraCf\liltJttl\Jiftllch may riqUlri' or liivolvi lne employment of
laborera , mechan ics , watchmen, or guard, ~ncludk'lg 1pprent1c:n,
tr1lnee1 , and helpers described In paragraphs • and 5 above)
1hall require or permit any laborer, mechanic, watchman, or guard
In any workweek In wh ich he/1he 11 employed on such work , to
wor1t In exce11 of 40 hour, In such workweek unleu 1uch laboref,
mechanic, wstchman, or guard recefves compentatlon 11 a rate
nol le11 than one-and-one-half Umet hi I/her batlc rate of pay for
111 houra wonted In exce11 of 40 houra In such WOfttweek.
8. vtolallon:
Uablllty for Unpaid Wages : Liquidated Oamage lt: In the
event of anyvlolatlon of the dause ■et forth In paragraph 7 above,
the contractor and any aubcontractor re1pon1lble !hereof than be
Hable to !he affected employee for his/her unpaid wages . In
addition , 1uch contractor and subcontractor 1hall be Uab~ to the
United States On the e11e or work done under contract for the
Dl1lrict of Columbla or I terrllal'y, to 1uch Dlatrtct Of to such
te rri tory) for liquidated d1mage1 . Such llquldattd damage■ 1h11l
be computed with respect to each Individual laborer, mechanic,
watchmen , or guard employed In vlot■Uon of the claute tel forth in
paragraph 7, In the sum of $10 for Heh Cllendar day on which
such employee was requ ired or permitted to work in exce11 of the
1landard work week of 40 hours without payment of the overtime
\\'.!';:laJ required by the clause set forth In paragraph 7.
9. Wlthholdlng for Unpaid Wages and Llqukl■ted Damag11 :
The SHA shall upon Ill own action or upon written request of
any authorized reprennllUvo of the OOL withhold , ar Clute to be
wllhheld, from anymonlff payable oo account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the ume prime contractor, or any
olher Ftderally-a11!1ted contract subject to the Contract Work
Hours and Safety Sland1rd1 Act. which 11 held by the tame prime
contractor, such 1um1 11 may be detennlnecl to be neoesaary to
11U1fy any ll1blltUt1 of such contractof' or 1uboontractorfor unpa id
wages and Hq\.lldated damage s II provided In the dause set forth
In paragraph 8 above .
V. STATEMENTS AND PAYROLi.i
(AppUClble to all Federal-aid con1trucUon contrlda exceeding
$2 ,000 and to ell related 1ubcontracta, except for proJectl k>cated
on roadways cla111"ed II local rold1 or rural collec:lorl , Yt'Ncn are
exempt.)
1. Compllan:a wtth Coptla.nd Regulatlona (21 CFR 3):
The contractor 1h1II comply with the Copeland Regul ation, of
the Seetelory ol Lobo< which ore henlln incolponlled by reference .
2. Payroll■ and Payroll Ricord■:
Exhibit I -Page 5 of 9 REQUIRED BY 2 J CFR fill 102
a. PayrollI and baIlc recordI rtlIUng lhereto Ihall be
maintained by the contracto r and Heh Iubcontr1ctor during the
course of the WOl'1t and praaerved for I period of 3 yaIr1 from the
date of CO.T1P'9llon of the contract for au lIbortr1, mechanlca ,
Ipprent1ceI, tralneeI, watchmen , hetper1, and guIrdI wor1dng 11
theIlteof thewor1!;.
Exhibit I
11UIfy Iha requirement for IubmlIalon of the •statement of
Compliance• required by paragraph 2d of thlI Section V.
f. The falslflcatlon of any of the above certlftcalk>nI may
Iub)ect the contractor to dvll or crimlnal proucutlon under 18
U.$.C, 1001 Ind 31 U.S.C. 231 .
b. The payroll record• Ihall cxintaln the name, aocill g, The contractor or Iubcontractor Ihlll mike the record•
aecurlty number, and Iddre11 of Heh Iuch emplo)N; hlI or her required under paragr1ph 2b of thlI Section V 1val11ble fOf'
correct dI11lftcatl 0n ; hourty rate, of WIIQN pald41Adud1ng rates of lnapectlon , CXlpyll'\Q, or tranIC11pUon by authorized reprnentltivel
contrtbuUonI or coIt1 anUdpaled tor bonl flda fringe beneflll or of the SHA, the FHWA, or the DOL, and IhaU penntt Iuch rep,..
caah equtvelent thereof the typeI deact1bed In Section 1(b)(2)(8) 11ntat!ves 10 Interview emplo)'NI during workillQ houri on the Job ,
of the Davi, Bacon Act): dally Ind weekty number of h0ur1 If the contractor or Iubcontr1ctor fan, to Iubmll the required
worud;deductlons made : and Ictu1lwageI paid. In addition, fol' reco«lsorto make them avallable, the SHA, the FHWA, the OOL,
Appalachian contradl, the payroll records IhI11 contain a notation or an may,efterwrltten noUce to thecontractor,apon'°', Ippllclnt.
lnd fcaUng whether the employee does , or doeI not, normally or owner, take such Ictl0nI 11 may be nece11Iry to cause the
reside In the labor Irea II defined in Attachment A. paragraph 1. 1u1pen1lon of any further payment, advance, or guarantH of
---WbeaalW. the Se.ct.tllO' of Labor, pursuant to Section IV, funds . Furthermore , ftllure to aubmlt the required records upon
paragraph 3b, has found . that uitt wiges or any laborer or ----req~~or lo.malte audt re1;Qr$1 L ~val1able may be grounds for
mechanic tnciude the amount of any costs reasonably anUclpaled d1b1rment action pursuanl lo 29 CFR 5.12. ----
In providing benefits under a plan or program described In Sec:tion
1(b)(2)(B) cl the Davis Bacon Act, the contrldor and each
subcontractor shall maintain records which show lhal the commil-
menl lo provide such benefits 11 enforceable, lhat the plan or
program Is financla11y responslble, that the plan or program has
been communicated In wr1Ung to the laborers or mechanics
affected , and show the cost anUcipated or lhe actual cost lncumtd
In providing benefits . Contrldors or subcontractors employing
apprenUces or trainees under approved programs shall maintain
written evidence of the reglttrlUon of apprenUces and trainees ,
and raUos and wage rates prescribed In the appllcable programs .
c. Each contractor and subcontractor shall fumlsh, each
week In which anycontractwor1t lI performed, to lhe SHA resident
engineer a payroll of wages paid each of Its employees ~ndudlng
apprentices , trainees, and helpers , deact1bed In Section IV, para -
graphs 4 and 5. and wa tchmen and guards engaged on wont
during the preceo1ng woekty payron period). The pa~I subm itted
shall set out accura tely and completely all of the lnfom,aUon
requ ired to be main ta ined under paragraph 2b of this Section V.
Th is lnformaUon moy bo submitted In any form dealred . OpUonal
Form WH-3471s ava ilable for this purpose and may be pun:h3sed
from the Superintendent or Documents (Federal stock number
029-00S.0014-1), U.S. Government Printing Office, Washington ,
O.C. 20402 . The prime contractor Is responalble for the subm is-
sion of copies of payrolls by all Iubcontract0f1.
d. Each payroll submitted shall be accompanied by a
"Slatement of CompUance: signed by the conlrlctor or subcon -
tractor or his/her agent who pays or Iupervlse1 the payment of the
persons employed under the contn1ct and shall certify the follow-
ing :
(1) that tho payroll for the payroll period contains the
Information required to be mainta ined under paragraph 2b of th is
Section V and that such Information Is correct and complete ;
(2) that such laborer or mechanic (Includ ing each
helper, apprentice , and trainee) employed on the contract during
the payroll period has been pa id the full weekly wages earned,
without rebate . either directly or indirectly, and that no deductions
have been made either directly or Ind irectly from tho full wages
earned , other than perml11 lble deductions II set forth In the
RegulaUons, 29 CFR 3:
(3) that each laborer or mechanic h11 been paid not
le11 that the appUcable wage rate and fringe benents or cash
equivalent for the claaalflc.aUon of worked performed, 1111 specified
In the applicable wage determlnallon Incorporated Into the
contract .
e. The weekly submiss ion of a property executed certifica-
tion set forth on the reverse side of Optional Form WH-347 shell
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway
System, except those wh ich provide solely for the lnstallaUon of
protacUve devices al railroad grade cro11lngI, thOH which are
e.onstruded on a force account or direct labor basis , highway
beautlflcatlon contracts , and contracts for whleh the total final
c.,n1tructlon cost for roadway and bridge Is less than $1,000,000
(23 CFR 635) the e.ontrector shall :
a. Become famlllar with the 1111 of specific rnalerlalI and
supplies contained in Form FHWA◄7, •statement of Materials
and Labor Used by Contractor of Highway Construction Involving
Federal Funds ,· prior to the commencement of wortt under this
contract.
b. Mainta in a record of the total cost of aH materials and
supplies purchased for and lncorporaled in the woril;, and alI0 of
the quantities of those specific materials and supplies listed on
Form FHWA◄7 , and In the units shown on Form FHWA◄7 .
c. Furnish, upon the complellon of the contract. to the SHA
resident engineer on Fenn FHWA◄7 together with the data
required In paragraph 1 b relaUve lo materials and Iupplle11, a final
labor summary of all contract wont lndlcatll'\g the luii,I hours
wonted and the total amount earned .
2. /JJ lhe prime contractor's option , either a single report
covering all contract wont or separate reports for the contractor
and for each subcontract shall be subm itted .
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. Tha contractor !'.'~" ;;c,rform with Its own organization
contract wont amounUng to not 11.u:s than 30 percent (or a greater
percentage If specified elsewhere In the contract) of the total
original contract price , exdudlng anyIpedaltyltems deslgr · 1ed by
the Stata . Specll'llty Items may be oerformed by tubcontra wt and
th e amount of any auch specia''y Items perfcnned -may be
deducted from the total or1glnal comrad price be!ore oomputlng
the amount of wont required to be performed b: ~,e contractor's
own organization (23 CFR 635).
a. •111 own organlz.eUon• shall be con sin.Jed to lnc''Jde r.,,ty
W0fkar1 employed and paid directly by the prime contra~ and
equipment owned or rented by the prime contrtctor, with °'
without operators . Such term doel not lndude emplo:,,es or
equipment of a subcontractor, a11lgnee , or agenl of the prim•
contractor.
b. •specialty Items• 1haU be con1trued to be llmiled lo
wont that requires hlghly apeciaUzed knowledge , ablllUet, or
Exhibit I • Page 6 of 9 REQUIRED B'I' 23 Ct"R 63) .102
•
•
•
equipment not otdinJrtly 1v1ll1bll In the type of contracting
•
org1nlutlon1 qu1llfted and 1xpec:ttd to ~ on the contract a, a
whole and In general ar1 IO bl Hmtted lo minor componenll of the
ovtran conlrlct.
2. The contract amount upon which thl requlr1ments Ht forth
ln paragraph 1 of Section VII 11 computed lndudt1 thl COIi of
m1tert 11 and manufactured produdl which are lo bl pun:haed or
pl'Ol1uced by the contractor undlr thl contract provl1lon1.
3. The contrlctor shall furnish {a) a competent ,upertntenctent
or nupervlsor who 11 emplo)'ld by thl flrm, has full authority to
dlrtd performance or lhe wot1I. In accordance with thl contrlct
requ1;emenll, and 11 In charge of all con1tructlon operation•
{regart!le11 of who perform, the wot1() and (b) such other of ltl
own org111nlzation■I resources (aupervlllon , management, and
engineering service,) 11 the SHA contrwcling office, delermlnu 11
ne01111ry to 111ure the performance of the contract. -----
--4~No ~on-;,-lhe~ttact shall be sublet. 111lgned or
•
•
otherwise dl1po11d of exc:ept with the written consent of the SHA
contracting officer, or authorized rep,nentaUve , and such con11nt
when given shall not be construed to relleve the contractor of any
r11pon1lb1Uty tor the futflllmenl ol the contract. Wrttten consent
will be given only after the SHA ha, 111ured that each aubcontrad
11 evidenced In wrlUng and that It contain, an pertinent provision,
and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of th is contract the contrlctor shall
complywtth all applicable Federal. State , and local !awl goyemlng
safaty, health , and aanliatlon (23 CFR 635), The contractor 1hall
provi de an ufeguard1, aafety device, and protedlve equ ipment
and take any other needed action , 11 It determines , or II the SHA
contracting officer may determine , to be reasonably neoa111ry to
prolect the life and health of employee, on the job and the safety
of the publlc and to proted property In connection wtth the
performance of the work covered bv the contrad.
2. It 11 a cond ition of 1h11 contract, and 1h1II be made a
condiUon of each 1ubcontract, which tlie contractor enters lnto
pursuant to this contrad, that the contractor and any 1ubcontradof
shall not perm it any employee , In performance of the contnld, to
wort( In 1urroundlng1 or under condlti0n1 which are untanltary,
haz.ardou1 or dangerou1 to hll/her health or safety, 11 detennlned
under construction safety and health 1tandard1 (29 CFR 1926)
promulgated by the Secretary of Labot, In accordance wtth
Section 107 of the Contract Work Hours and Safety Standard• Ad
(40 u.s.c. 333).
3. Pursuant to 29 CFR 1926.3, It 11 a condlUon of this contrad
1h11 the Secrelii'Y of Labor or authortzed representative thereof,
1h1II have rt~M of entry to any 1lte of contrad performance to
ln1pect or Investigate the matter of compll1nce with the con1truc-
Uon safety and health atandarda and to carry out the duUea of the
Secretary under Section 107 of the Contract wen Hours and
Safety Standards Act l•O U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to 111ure high quality and durable con1trucUon In
conformity with approved plan, and 1pedflcatlon1 and a high
degree of rellablllty on 1tatemenll and repreaenta1'on• made by
englnHl'I, contractorl , 1uppllel'I, and workel'I on Federal-aid
highway~. It 1111sent111 that III persont conc:emed '111th the
projed perlcnn lholr fun_,, 11 ca10fully, lhon>ughly, and
"lonellly II poHlblt. Wlltful fal1lflcallon, dl1tortlon, or mlarepre-
Hnlltlon wtth mpect to any flcll related to the profed 11 a
violation of Federal law. To prevent any mlsunderltandlng
regard ing the Nrtou1ne11 of these and almllar act■, the followlng
notice 1han be po1ted on each Federa~ld highway project (23
Exhibit I
CFR 635)1n one or more place, where Ill• readltyavallable to all
per,cn1conc:emtClwMlhep,ojod:
NOTICE TD ALL PERSONNEL ENCIMIED ON FEDERAL......a
HIGHWAY PROJECTS
18 U.S.C. 1020 read• 11 follows :
'Wholver, being 1n omcer, ttgent, ot employtt of the United
State,, orof 1nySt1feor Temtory, or whoever, whtU.eraper,on,
1uod1llon, nrm, or corporation, lcnowfnOly make, any f1/11
s111em1nt, f•I• ,.p19,ent1tlon, or,.,,. mporl II to the charactlr,
quallty, quantity, or cosl of the m,lerl,/ uNd orfo be uNd, or the
qu1ntltyorqu1Htyof thl worlc" perfotm«J ortobe p,rform«I, or the
coll fhe190f In conMdion with the aubmJ,aion ol plan,, m1p1,
,peclffcatJont, contracts, or coat, of con,t,uctJon on any hlghw1y
or t'Mted proJed submlttff for 1pp,oval to the Sec,et1ry of
._.J t1nSIJ(ldalJoti;.or
Wtio.ver knowingly makes 1ny fllse statement, fllsa
reptwsant1tlon , fa/sa twporl or fa/a claim with 19,pect to the
char,cter, quallty, quantity, orcoslof 1nyworf(perfonnedorlobl
,,.rform«J, ormat1ri11ls fum lshed orto be fum/Jhtd, In connectJon
wtlh the conttructJon of any highway or 19/aflc/ ptOJect approved
by th• s.ct9t1ryof Transport1tlon ,· or
Whoever knowingly m1k11 any fain stafem&nt or f1/,e
represanlatJon IS to m1terf1/ fact In any .tt1tem.nt, certlncate, or
report submltt.cl pursuant to provfslons of the FK•ral-•ld Roads
Act 1pproved July 1, 1915, (39 Stet. 355), IS amended end
supplemenl•d;
Shall bl nn.ct not mo,w that $10,000 or Imprisoned not morv
than 5 yean or both.•
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Appllcable to all Fedel'll-ald construction contracts and to all
related 1ubcontractl of $100,000 or more .)
By 1ubml11lon of thl1 bid or the execution of 1h11 contra ct, or
1ubcontrad, 111pproprtate, the bidder, Federal-aid con1tructlon
contractor, or subcontractor, 11 appropriate , wll1 bo dNmed to
have 1Uputated II followt :
1. That any fadUty that 11 or will be utllized In the performance of
thl1 contract, unl1111ucn contract 11 exem,t under the Clean Air
Ad, 11 amended {42 u.s .c. 1857111151., u amended by Pub.L.
91-604), and under the Federal Water Pollution Control Ad., 11
■mended (33 u.s.c. 12511111!1 .. lllmendedbyPub.L. 92-5(\')),
Executive Order 11738, mnd regulaUons In lmpementatlon then!N..◄
(40 CFR 15) 11 not U1ted , on the date of contrad award , on the
U.S. Environmental Protection Agency (EPA) u,t of V1ol1Ung
Facilities pur1u1nt to 40 CFR 15.20 .
2. Thal the firm 1grH1 to compty and remain In compll1nc:e with
all the requlrvmenll of Section 114 of the Clean Air Act and
Section 308 of the Federal Weter Pollution Control Ad and all
regulatlon1 and guldell n11 li1led thereunder.
3. That the firm 1hall promptly notify the SHA of the receipt of any
communlcatlor. from the Oll'lctor, Office of Federal Actlvltle1 ,
EPA. Indicating that a facillty that 11 or win be utlllzed for the
contract 11 under contldtratlon to be Mated on the EPA U1t of
Violating Faclllttes .
4. Thal the firm agrHI to lndudl or caute to bl lnduded the
requirements of paragraph 1 through 4 of thlt Section X In every
nonexempt 1ubcontract. and further agree, to take such action u
the govomment may direct aa a mean, of enforcing such
requlremenll .
Exhibit I -Page 7 of 9 REQU IRED BY 23 CFR 633 .102
XI , C!RTIFICATION R!OARDINO DHARM!NT,
IUIP!NIION,
N!UOIBLITY AND VOLUNTARY EXCLUSION
1. ln1trucUona fot Certlflcltlon • Primary Covered
TranHctlona:
(Appllcablo 10 111 Foderol-old conlrac:11 • 49 CFR 29)
•· Bytlgnlng and subm itting th is propoul, 1h11 pro1pectlve
primary partldpanl 11 provkjlng the certlflcaUon 1e1 out below.
b. The ln1blllty of a person to provide the certlftcatlon Ml
out below will not nece1urtly reault ln denlal of partldpatlon In lhlt
covered trenuctlon. The proapedMI partlcip1nt lhell 1ubmll an
explanation of why It cannot provtde the ce:1fflcltlon 11toutbelow.
Tho certification Of explanatlon wm be considered In connection
-· wlth~tF,e del)a'rtmlr!Yor 1g'e'llcy1 de tiimrnatlon whether to enter
Into th is tranuctlon. However, failure of the pro1pt.'Cllve primary
participant to fumlah a certification or an explanaUon shall
dl1Qu1Ufy such I person from partlclpaUon In this trannctlon.
c. The certlncatlon In this clause ta a material
representation of fact upon which reliance was placed when the
dep,rtment or agencydelermlned to enter Into thl1 trln .. ctlon. If
It It later detennlned that the protpedfve primary participant
knowingly rendered an erroneous certHlcatlon , In addition to other
remedies avallable to the Federal Govemmenl , the department Of
agency may terminate thl1 tran11ctlon for cause or default
d. The prospective primarypartldpant shall ptOVlde lmmodl-
ale written noUce to the department Of' agency to whom th is
proposal 11 submitted If any Ume the prospective primary partl d•
pant \eam, that Ill certlftcaUon was erroneou s when submitted or
has bea>me en-oneou1 by reason of changed clrcum1tance1 .
e. The term, ·cover1Ht transaction: •debarred:
·sus pended ,· -ineligible,• iower tier covered transactlon ,·
"participant,· ·person,• ·prtmary covered 1ran11ct.1on,• "princlpa t,•
·propo11I: and "Voluntari tyexduded ,· H used In 1h11 claute , have
the mean ing, 111 oul In the DaflnlUon, and Coverage section, of
rules lmplemenUng Executive Order 12549. You may contad the
department or agency 10 which th is propouJ 11 aubm ltted for
asal1 llnce In obtaining a a,py of those regul1Uon1.
f. The pro1pectlve primary participant agrees by 1ubmltllng
thl1 propoaal that, should the propoaed covered tranaactlon be
entared Into , It ahlll nol knowingly enter Into any lower tier covered
transaction with a person vt'ho la debarred, 1u1pendad, declared
lnellglble, or voluntarily exdudod from partldpaUon In 1h11 covered
transaction , unle11 authorized by the department or agency
entaring Into thl1 transaction .
g, The prospective primary participant further agrees by
submitting this propc,11I Iha! It wlll Include the dauH tlUed
"Certification Regard ing Debarment. Su,pan1lon, lnellgl blllty and
Voluntary Excluclon-LowerTlar Covered Trar111ction ,• pnMdad by
the department ot agency entering Into this covered tranaactlon,
without modlflc:Jtlon, In all lower Uer covered transacllon, and In
all sotlcltaUon1 fOf lower tier covered tran11ctlon1 .
h. A partlclpanl In a c:ovared lrln1actlon may rely upon a
certlflcaUon of a proapac:Uve participant In a lower ti• covered
tranuctlon that 11 not debarred, 1u1pended, lneUglble, or volun--
tartly excluded from the covered lrlnqctlon, unlen It knows that
the c:attlflcadon II erroneou1 . A participant may deddl the
m-ond flequoncy by whldl tt detennlnos lho ollglblllty of 111
principal 1. Each participant moy, bul II not roqulrod lo, checl< lho
nonproc:urement rorUon of the -U1ll of Parties Excluded From
Fodefal PIOall'Omool o, NonJ)<OQJf9mOl1t Pn,groms" (Nonproan-
ment U11) which 11 complied by the General Servk:a
Admlnl1traUon.
Exblbltl
I. Nolhlng conlalnocl In lho lorogolng ,111n bl conolNld lo
roqulro 11-.tvnont of•-0f fl00!d1 In onlor lo -In
good faltll lho-roqulrod bytlHdlUN. Tholu-.lga
oncl lnfarmallon 01 pank:lponl lo not roqulrod IO .. -lhlt which
II l10ffl1oily~ byl pn,dani poroon In lho onllnl,YCOlnO
of bullnqa dullng1.
J. Except for tran11dion1 authorized under paragraph f of
thtH ln1trudlon1 , If a participant In I covered tran11ctlon
kn(wMgly enterl Into I lower tier cov.red 1r1n11ctlon w1th 1
per,on who 11 1u1pend.d, dlbatf9d, lnetlglb'e, or voluntarily
excluded from participation In 1h11 tran11ctlon, In 1ddlUon 10 other
remodle1 available to the Fedel'11 Govemment. the department Of
agency m■y term inate this tranqctJon fOf cau11 or default
CerttflcaUon Regarding Debarment, Su1pen1lon1
lnallglblllty and Votuntlry Exdu■lon-Prtmary Covered
Trannct~ns
1. The pro1pectlve primary participant certifies to the beat of ltl
know1edge 1nd belief, th1t II and Ill prlnclp1la:
a. Are not presenUy debarred , 1u1pendad, proposed for
debannent, dedared lnellglble , or voluntarily excluded from
covered 1r1nuctlon1 by any Federal department or agency;
b. Have not within a 3--year period prei:edlng this proposal
been convicted of or had a civil Judgement rendered against lhem
for comml11k>n of fraud or a crim inal offenH ln a,nnectlon with
oblllnlng , attempUng to obtain , or performing a publlc (Federal ,
State or local} tranuction er contract under• public tranuctlon;
violation of Federal or State anUtru1t statutes or comml11ion of
embezzl ,,ment, theft, forgery, bribery , falliftcatlonordeltrudion of
record1 , ,aklng f1 l111tatamentl , or rece ivi ng stolen property;
c. Are not preaenlty Indicted for or otherwi se crimlnally or
civilly charged by I governmental entity (Federal, Stale or loeal)
with comml11lon of any of the offense, enumerated In paragraph
1b of this certlflcatlon : and
d. Have not within a ~year period preced ing 1h11
appllcaUon/propoul hid one or more publlctn1nuctlon1 (Federal,
State or local) tennlnated for cau1e or default
2. Where the prospective primary participant 11 unable to certify
lo any of the 1tatementa In th is certlflcalion, such prospective
participant 1hnl1 attach an explanaUon 10 this propo11I.
2. ln1tructlon1 for Certification • Lower TI■r Cov■r■d
Tranuctlona:
(Applicable lo all 1ubcontract1, pu,cha .. orner1 and olher lower
Uer tran1actlon1 of $25 ,000 or more • 49 CFR 29)
a. By signing and 1ubmlttlng this propoul, the pt'OIP"'dlva
lower Uet Is providing the certification set out below.
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b. The certification ln thll dlUH 11 a m■laIJal
representation of fact upon 'Nhlch reHan01 w111 placed when this
tranUCUon we, entered Into. If It la &ater det■nnlned that tha
p<Ospoctiye low9r tie, partidpanl knowingly rend....r on
erroneous certfflcatlon, In addition to other remedlea avaUable to
the Fedetal Government. the department, or agency with which I •
this tranuctlon originated may pur1ue ■vallable remedlea,
Including au,pentlon and/or debarmenL
Exhibit I -Page 8 of 9 R.!QUIRED BY 23 CFR 633 ,102
c. TIMI prospective lower tiof pal1ldpant ah1II p,oYlde
•
l!"ffltdlala wrlllln ncUco to lhl ponon to which 1h11 p,opoul 11
IWl>mltted K 11 ony -lhl prospodlYo lower tiof pottlc:lpant
lolml lhll Ill -tlon wo1-...-1 by ra1oon of c:hlngod
drcum1tan011 .
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•
d, The term, •cover.d tranuc:tion,• •debln'ed:
"1uopondod," "lnellglbll ," "Pri"'IIY caverad lrlnlldton,"
"pal1ldpan~• 'pa,oon," "principal," °pfopolll," ind "Volunlarily
exduded,• 11 ulld In this dlUH, hive the rnanlngt Mt out In
the O.flnlllonl •nd Covtl"l!'fl lectlonl of ruin lmplementlng
Executive Order 12549. You m1ycont1dthe per10n to¥ff'llchthll
propo11I la submitted for ■IIlILlnce In obtaining • copy of tho11
regul1Uon1 .
e. The pro1pedlve lower tier participant ,gree:, by
submitting th is propoNI that, should the propoHd covered
tranl8ction be entered Into, It shall not knowingly enter Into 1ny
lower tier covered tran11dion with I pem,n who 11 debarred; -
1u1pended, declared lnellglble, or voluntarily excluded from
partlcipallon In thla covered lrlnaactlon, unl111 authorized by the
department or •~ncy with which this tr1n11ctlon originated .
f. The prospective lower Uer partlclpenl further 1gree1 by
submitting 1h11 proposal lhll It will Include this cilUH titled
-centflcatk>n Regarding Debarment, Su1pen1lon , lnellglblllty Ind
Voluntary Exclualon-Lower Tler Covered Tran11ctlon: without
modiftcaUon , In all lower Uer covered tran11ctlonI and In al1
101idtaUonI for lower tier cc.,, ered tranHctionI .
g. A participant In ■ covered lrlnuctlon may rely upon a
certification of • pro1pedlve participant In • lower tier covered
tranuctlon that 11 not debarred, IuIpended, Ineligible , or ·vo1un-
tarlly exduded from the covered lrlnuction, unle11 II knows that
the cerUflc■Uon 11 erroneous . A p■rtldp■nt may decide the
method and frequency by 'MIich It determines the eliglblllty of Ill
prlnclp1lI . Each partldpant may, but 11 not required lo , check the
Nonprocurement Utt.
h. Nothing contained In the foregoing shall be con11trued to
require 11tabliIhment of 1 Iystem of recon:1I I:, order to render In
good faith the certification required bythl1 clause . The k00'Medge
and lnformaUon of participant 11 not required to exceed that 'MIich
Is normally po11e11ed by a prudent person In the ordinary course
of buIlne11 dealings .
I. Except for transactionI authorized under paragraph e ol
these ln11RJctlon1, If I participant In I covered tran111ctlon
knowingly enters Into I lower Uer covered tr1n11ctlon with a
perM>n who 11 suspended, debarred, lneliglble, or voluntarily
exduded from participation In 1h11 tran11ctlon, In addition to other
remedlH available to the Fedaral Govemmenl, the depertmentor
agency with 'Milch this tranaactlon originated may pursue
avallable remedies, lndudlng Iu1penIlon and/or debarment.
Cartlncatlon Regarding Debarment, 8u1pen1lon,
lnellglblllty and Voluntary Exclutlon-lower Tier Covtred
Tr1na■ctlon1:
1. The p,oIpod1Yo lowor Uer par1k:ipant-. by 1Ubm111ton
of 1h11 pt0p011I , that neHher It nor ltl prlnclpat1 la prnentty
debarred, auapended, pro,poNd for debarment, dedated
lnellglbla, or voluntlrlly ududed from panldpatlon In 1h11
lrlnucUon by eny Federal dep■rtrrent or agency.
2. Where Iha proar,«:tlve kr#lr lier partldpant Is unable to
certify to In'/ of the ttllementa In 1h11 ClftlflCIUon, IUCh p,ospec.-
tlve participant ahan attach an exp&anatk>n to thla propoaal.
Exhibit I
XII, Cl!lmflCATION RIOAIIDIHO UII Of CONTRACT
fUNDI OR LOHYINO
(Apptlcobll to 111 Fodffll.lld ccn11Nctlcn c:ontrac:to Ind to 1N
rwlalad IUbccntrldl which oxcood $100,000 • 49 CFR 20)
I. TIMI prospective pal1ldpant Clttlllo1 , by signing and submit•
Ung thb1 t,ki or propoul, to the belt of hll 01' htf' MOYt1tdge and
bollof. lhlt
a. No Fedlrwl epproprllted funds Nlve bNn paid orwlll be
paid, by or on bthltr of lhl undlralgned, to any ~!'Ion for
lnnuendng or attempUng to Influence an officer or employee of
any Federal agency, I Member of Congre11, an offlceroremploy-
" of COngma, or an empk,)'N of a Member of Congre11 In
connection with the awarding of any Federal contrld, the making
of any Federal grant, the making of any Fedtt'al loan, the enterln;
·•-·ohny--11¥e~,-1ndlhl1-llon, c:ontlnul,..
Uon , mnewal, amendment, or modlbtlon of any Federal contract,
grant. loan, or cooperaUve egreemenl
b. If 1nyfundI other than Fed-,rwl 1ppropri1ted fundl hive
been pa id or will be paid to any person for lnnuencing or attempt-
Ing to lnnuence an officer or employee of any Federal agency,•
Member of Congre11 , an officer or emplo)'N of C.ongre11 , or an
employee of a Member of Congre11 In connection with this
Federal conlrld, grant, loan, or cooperative agrHmenl, the
undel"llgned 1hIII complete and Iubmll Standard Form•LLL,
·01Ido1ure Form lo Report Lcbbylng,• In accordance wilh ill
lnItructionI.
2. This certlflcaUon It a material representation of fad upon
which reliance wa, placed when thla tranuction was made or
entered Into. Subml11lon of thlI certification It a prerequlalte for
making or entering Into thlI tran11ctlon Imposed by 31 U.S.C.
1352. My person 'Mio f1llI to file the required certlficaUon shall
be aubJed to I clvtl penalty of notle11 than $10,000 and not more
than $100,000 for each such faUure .
3. The prospective participant 1110 agree, by IubmlWng hlI or
her bid or propoul 1h11 he or ahe shall require that the language
of thlI certlficaUon be Included ln all lower Uer Iubcontrldl, 'M'llch
exceed S100,000 and that ,n Iuch redplenta shall certify and
dlIdo11 accordingly,
Exhibit I • Page 9 of 9 REQUIRED BY 23 CF'R 633 .10.1
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ExblbltJ
FEDERAL REQUIREMENTS
Federal laws and reaulations that may be applicable to the Work include :
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (Common Ruic), at 49 Code of Federal Rcaulations, Fart 18, t1cept to the Htent that other applicable
federal requlremenll (lncludlna the provision, of 23 CFR Part, 172 or 633 or 635) are more apeclfic than
provl1lon1 of Part 18 and therefore aupenedeauch Part 18 provision,. The requirements of 49 CFR 18 include ,
without limitation :
I. the Local Agency/Contractor shall follow applicable procuremo nl procedures, as required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDO'i approval of changes 10 any subcontr3cts in the
--manner, -and to-the cxtent·required-by, 11pplicable pravi slc11 s o-r·sc•· · Ji\'! 8.30 ; ··-···· · -·• ·-..
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3. the Local Agency/Contractor shall comply with section ltl.3 7 , eern ing any subgrants;
4. 10 expedite any COOT approval, the Local Agency/Con aacL, 'i ,ttomcy, or other authorized representative , shall
also submit a lcner to CDOT certifying Local Agency/I" 111tr.,·:!M compliance with section 18 .30 change order
procedures, and with 18.36(d) procurement procedures , ac,-.'. with 18 .37 subgranl procedures , as applicable ;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in I 8.36(i) (which are also
deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontra cts.
B Executive Order 11246 of September 24 , 1965 entitled "Equal Employment Oppcrt •mity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department ofL.•eu,, .gul •·;o;,s (41 CFR Chapter
60) (All construction contracts awarded in excess ofSl0,000 by grantees and thei r ,·:,;,,:,c!v,, ,,;r ,ubgrantces).
C. The Copeland "Anti-Kickback " Act (18 U.S.C. 874) as supplemented in Dcparn1,ent of Labor regulations (29
CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR
Part 5) (Construction contracts in excess of S2 ,000 awarded by grantees and subgrantccs when required by Federal
grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors
to work on construction projects financed by federal assistance must be paid wages n•,t less than tho se established for
the locality of the project by the Secretary of Labo:).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards .'\,i \40 U.S.C. 327-330) as
supplemented by Department of Labor rcg11lations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantccs in excess of $2 ,000, and in excess of $2 ,500 for other contracts which involve the employment of
mechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. I 857(h), section
508 of the Clean Water Act (3 3 U.S.C . 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts , subcontracts, and subgrants of amounts in excess ofSI00,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub . L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable .
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal
Exhibit J -Page I of 3
E1tblbltJ
fundl cannot be used for pani .m political purposes of any kind by any person or organization involved in the •
administration of federally-wi .. cd progmns .
J. 42 USC 6101 m..sg. 42 USC 2000d, 29 USC 794, and implementing n,gulation, 45 C.F.R. Pan 80 ~-
These acts requin, that no person shall, on the groundl of race, color, national ~ri gin, age, or handicap, be excluded
from participation in or be subjected to discrimination in any program or activity funded, in whole or pan, by federal
funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 \ ~C 12101, 12102, 1;,111-12111, 12131 -
12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 U'.1•.; 225 and 47 USC 61 I.
I.. The Uniform Relocation Assistance and Real Property Acqui,,:,ion Policies Act, as amended (Public Law 91-
--~46;-n-amended IIJlt! Public Law--1-00-1-1,. 10.J Stat. 2A6..256). (lf thc..llllntr:.i:.tor is acqi1iJl!!&..re!l.J1!!'~ ~d_
displacing households or businesses in the performance of this controc•.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, sul-t it!: ), 41 USC 701 n.RQJ.
N. The Age Discrimination Act of 1975, 4;, U.S.C. Sections 6101 ~ and its implementing regulation, 45
C.F .R. Pa11 91 ; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Pa11 84 .
0 . 23 C.F.R. Pa11 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. 23 C.F.R. Part 63S , concerning 11 Construction and Maintenance Provisions 11
•
R. Title \' 1 of the Civil Rights Act of I 964 and 162(a) of the Federal Aid Highwa) Act of 1973 . The
requirements for which are shown in the Nondiscrimination Prov;,ions, which are attached hereto and made a pa11
hereof.
S. Nondiscrimination Provisions :
In compliance with Title VI of the Civil Rights Act of 1964 and with Section !62(a) of the Federal Aid Highway Act of
1973, the Contractor, for itself, its assignees and successors in interest, agree as follows:
I. Compljance wjth ReBJllatjons. The Contractor will comply with the Regulations of the Department of
Transportation relative to nondiscrimination in Federally assisted • irograrns of the Depal1ment of Transportation (Title
49, Code ofFederal Regulations, Pal12 I, hereinafter referred to .. the "Regulations"), which are herein incorporated
by reference and made a pa11 of this contract.
2. Nondiscrimination . The Contrac10r, with regard to the work performed by ii after award and prior to
completion of the contract work, will not discriminate on the ground ot race, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procunoment 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 Regulations , including employment practices when the contract covers a program set forth in Appendix C of
the Regulations .
3. Soljcjtatjons for Subconb]cts lncludio• Procurement ofMaterjaJs and Equipment. In all solicitations
Exhibit J -Page 2 of 3
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either by competitive bidding or negotiation made by the Contractor for work to be perfonned under a subcontnc~
includina procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the
Contractor of the Contractots obligations under this contract and the Reaulations relative to nondiscrimination on the
ground of rac,, color, sex, mental or physical handicap or national oriain ,
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4. Jnfonnatjon wd Reports. The Contractor will provide all information and reports required by the
Reaulations, or orders and instructi ons issued pursuant thereto and will permit access to its books, records. accounts,
other sources of information and its facilities u may be determined by the State or the FHW A to be pertinent to
ascertain compliance with such Regulations , orders and instructions. Where any information required of the Contractor
is in the exclusive possession of another who fails or refuses to furnish this information , the Contractor shall so certify
to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information .
S. •·-·-Sanction~ .for .Ngncomp)iwcc. ..In thc__cv.enl ...of the C.QDJractor's 11oncompliance_ with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHW A may
determine to be appropriate, including , but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies , and/or;
b. Cancellation, termination or suspension or the contract, in whole or in part.
6. Incorporation of Proyjsions. The Contractor will include the provisions of paragraphs A through F in
every subcon•;act, including procurement of materials and leases of equipment, unless exempt by the Regulations,
orders, or instructions issued pursuant thereto . The Contractor will take such action with respect to any subcontract or
procurement as the State or tl ie FHWA may direct as a means of enforcing such provision , including sanctions for
noncompliance ; provided, however, that, in the event the Contractor becomes involved in 1 or is threatened with,
litigation with a Subcontractor or supplier as a result of such direction , the Contractor may request the State to enter into
such litigation to protect the interest of the State and in addition , the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States .
Exhibit J -Page 3 of 3
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COUNCIL COMMUNICATION
Date: Agenda Ite m: Subject:
Octobe r 2, 2006 11 a i Intergovern mental Agreement with CDOT for
Br idge over the Platte River at the Englewood Golf
Course
Initiated By: I Staff Source:
Departme nt of Public Works Rick Ka hm , Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolution No. 79, Series 2003 , authorizing the City to appl y for Federal
funds und er the lntermodal Surface Transportation Efficiency Act (ISTEA ).
• Council approved Reso lution No. 77, Series 2005, au thoriz ing the City to apply for Federal
funds under the "Safe Accountable Flexible Efficient Transportatio n Equity Act-Le gacy for
Users ".
• Staff discussed th e statu s of th e proje ct at the August 14" Council Study Session.
RECOMMENDED ACTION
,:aff reco mm ends Council approval of a Bill fo r an Ordinance to enter into an agreem ent wi th th e
Colorado Department of Trans portation . The agreeme nt covers financial commi tm ents relat ed to
the de sign and co nstruction of •Platte River Bridge at Englewood Golf Course."
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing bridge over th e Platte River was built by Englewood to con nect the front and back nin e
holes of our Golf Course. Subsequently, it has serve d as a cross -over co nn ection fo r the Mary ··
Carter Green way . This has caused conflicts between pedestrians, bicycles, and golf carts. This
pro posed project will install a new structure south of the existi ng bridge to separate golf course
patrons from the Platte Ri ver Trail System.
The Den ver Regional Council of Governments (DRCOG) accepts applications from local
governments, typically on a two yea r cycle, for projects to be considered for fede ral funding.
DRCOG , in cooperation with the Colorado Depa rtment ofTransportation (Coon, is charged wi th
preparation of th e Transporta tion Impr ove ment Program (TIP). The TIP prioritizes regional proje cts
for Federal Transportation Funds available through the "Safe Accountable Flexi ble Efficient
Transportation Equity Act-Legacy for Users" (SAFTEA-LU). Congress adopted thi~ program in
Augus~ 2005 to replace the former Transportation Efficiency Act of the 21" Century (TEA-21 ).
Englewood first app li ed for this "Enhancement" project in 2003 and, with Council's concurrence,
we reapplied in 2005. Based on our application and certification that local matching funds are
available, DRCOG accepted th ~ project earlier this year and included it in the TIP. Metro-wide,
only eight Enhancement projects were selected fort ,ding through 2010 with Englewood receiving •
two of the eight (see attached list). As shown In the attachmen~ federal funds for Enhancement
projects are very limited In FY 2007 ($429,000). o·.coc has challenged cities with a competition
for the available federal dollars. Money for the selected projects will be allocated based on the
order that COOT agreements are approved by local agencies . Staff worked closely with COOT
Region 6 and requested they expedite the preparation of our agreement The turnaround ti me for
Region 6 was seven weeks, beating their typical time frame of about twelve weeks . Based on
statements made by other local government representa ti ves, our main competition Is from Golden
and Boulder. The other project sponsors anticipated waiting until FY 2008 to begin their projects .
Staff Is hopeful that our projects will be funded for des ign In FY 2007 and cr ·,;tructlon In FY 2008 .
COOT will not encumber more money than Is available in 200 7. The Contract Encumbran ce In this
.... -Ag,eemem-ls-lGr the.des ign portion only. The.Agceementcontalns.a "Funding.Letter'.'. provi sion that
COOT wil' use to increase the dollar amount for the construction phase as funds become available
in FY 2008 . CDOT and DRCOG also require th at the des ign be substantially complete b fo re
con struction funds are encumbered . This process reduces the likelih ood that federal dollars wou ld
be encumbered by a project sponsor and not spent wi thin a reas onable period of time .
Ple.ase note : Corrected oudine letters are not substantive changes .
FINANCIAL IMPACT
The total estimated cost for the pro ject is $724,000 as deta iled bel ow:
Design
Construction
Total
~
2007
2008
Federal Share 180%1
$103 ,200
1ill.QOO
$579 ,200
Local Share 120%1
$25 ,800
ll.12.QOO
$144,800
~
129,000
.1:?j .:i.QOO
$72 4,000
Per the proposed Dev elopment Agreement related to the Sheridan developmen~ the en tire Loc al
Share of $144,800 will be provi ded by Miller/Weingarten .
Englewood applied for this project in 2003 and ce rtified that matching funds would be available
before discussions with Miller/Weingarten began . Should the Development Agreement not be
approved, staff will request a supplemental appropriation from the PIF in the amount of $144,800.
LIST OF ATTACHMENTS
Map
List of Enhancement Pool Projects
Bill for an Ordinance
Transportation Enhancement Contract
•
•
11
S. l'LAMNVEII
CAOl9NI AT OXl'OII) AY!MJI!
• LIST OF 2007-2012 TIP Aancement Pool ProJecis •
POOL INFORMATION
TIP-ID F-.. tocal T-
2007-087 STP Enhancement Pool: 207-2012 TIP Total Pool Fundino $5,783 $3,597 $9,380
2007 Fundino $429 I $266 $695
2008 Fundino $1 ,842 $1 ,146 $2,988
2009 Fundino $2,708 $1 ,684 $4,392
2010 Fundino $804 ! $501 $1,305
POOL PROJECT INFORMATION I
TIF In PrnilriTrtle Soonsor F-,-, l.ocal°'9nna ... Total Cost
2007-020 Wadsworth Blvd rSH 121 l 72nd Ave to 80th Ave Mutt i•use Path Arvada $589 $147 $448 $1,184
2007-046 Folsom St: Reoent Dr Undemass Boulder $2,694 ! $674 $1 ,186 $4,553
2007-017 Bear Creek Trail: Fenton S: to Lamar St Denver $475 I s119 $269 $863
2007-034 Plalta River Path: Dartmouth Bike & Ped l:lriOOe o,nnlewood $435 $109 $126 $670
2007-035 Plalta River Pair. p~lewoodGoll Course Bike & Ped Rmne ~~lewood $579 $145 $0 $724
2007-031 c-470: Indiana St/US-6 Bike Path Extension Golden $428 I $107 $93 $628
2007-027 Miltimodal Historic Interpretation Project Historical Society $343 $86 $29 $458
2007-030 US-36: 3rd Ave Streeu,cane Improvement Lvons $240 $60 $0 $300
• The dollar amounts are all in thousands TOTALS $5,783 '.$1 446 $2151 S9380