HomeMy WebLinkAbout2006 Ordinance No. 037•
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.CONTRACT. NO, 8 -)..e:io 7
EX h·, ~,'I-• S"-..J.oo'-
BY AUTHORITY
ORDINANCE NO . 31
SERIES OF 2006 --
COUNCll. Bll.L NO. 39
INTRODUCEDBYCOUNCll.
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COLORADO DEP ARTME!-.'T OF TRANSPORTATION (COOT) AND THE CITY OF .
ENGLEWOOD, COLORADO , THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER
_ _IHE PLATIE RIVER AT DARTMOUTH AVENUE .
WHEREAS , the connection between lhc Little Dry Creek Trail and the Mary Cnrter
Greenway Trail requires bicycles and pedestrians to cross the Platte River on the Dartmouth
Avenue Bridge; and
WHEREAS , this bridge has narrow sidewalks for crossing the Plallc River causing a
history of accidents and conflicts between motor vehicles and trail users; and
WHEREAS , a proposed project will install a new bridge south of the existing bridge
cxclusivtly for trail users ; and
WHEREAS, the Denver Regional Council of Governments (DRCOGT) accepts
applications from local governments for projects to be considered for federal funding in cooperation
with the Colorado Department ofTransponation (COOT) and is charged with preparation of the
Transportation Improvement Program (TIP); and
WHEREAS, TIP prioritizes regional projects for Federal Transportation Funds availab le
through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users"
(SAFTEA-LU); and
WHEREAS , Englewood applied for this "Enhancement" project in 2005 and is hopeful the
Platte River/Dartmouth bridge will be funded for design in FY 2007 and construction in FY 2008.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~ The City Council of the City of Englewood, Colorado, hereby authorizes the
City to enter into an Intergovernmental Agreement with COOT entitled "Transportation
Enhancement Contract", covering the financial commitments related 10 the design and construction
of Platte River Bridge at Dartmouth, attached as Exhibit I.
~ Pursuant to Article V, Section 40, of the Englewood Homo Ruic Charter, the
City Council has dctcnnined that th ', Ordinance shall be published by title because of its volume .
A copy is available in the Office of the Englewood City Clerk .
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~ Th,: Mayor and the City Clerk are I,: by authorized to sign and a:tcs '. f 11J
lnteraovemmental Contract on behalf of the City of Englewood .
2006 .
Introduced. read in full, l!ld :,assed on flrs t reading on the 2"' day of October, 2006.
Published as a Bill for an Ordinance on the 6th day of October, 2006 .
Read by title and paHed on final reading on the 16th day of October, 2006 .
Pub lis hed by title as Ordinance NO:, .1., Series of 2006 , on the 20th day of Oc10 r:r,
I, Loucri1hia A. Ellis , City Clerk of the City of Engl ewood , Colorado , hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by title
11 Ordinance No .~. Series of 2006 .
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(FMLAWRK)
PROJECT STE M395-012, (15911)
REGION 6 (JH)
TRANSPQRTAJIQN ENHANCEMENT CONTRACT
Rev 10/03
07 HA6 00035
CMS ID 07 -061
THIS CONTRACT made this_ day of ______ 20_, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as
the State and CITY OF ENGLEWOOD , 1000 Englewood Parkway, Englewood, Colorado 801 IO,
FEIN : 846000 583, hereinafter referred to as the "Contractor" or the "Local Agency ."
RECITALS
I . Authority exists in the law and funds have been budgeted , app.opriated and otherwise made available
and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency
co sts in Fund Number 400 , Appropriation Code 010, Organization Numb er 9991 , Program 2000,
Function 3020, Object 2312 IP , Phase D, Reporting Category 6121, Contract Encumbrance Number
15911 , (Contract Encumbrance Amount: $91 ,250 .00).
2. Required approval , clearance and coordination have been accomplished from and with appropriate
agencies .
3. Pursuant to Title I, Subtitle A, Sectio n 1108 of the "Transportation Equity Act for the 21 • Centwy ' of
1998 (TEA -21) and/or the "Safe, Accountable, Flexible , Efficient Transportation Equity Act: A Legacy
for Users " of2005 and to applicable provisions ofTitle 23 of the United States Code and implementing
regulations at Title 23 of the Code of Federal Regulations, as maybe 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 eligibl e under the Surface
Transportation lmp rovement Program that has been proposed by the State and approved by the Federal
Highway Adm inistration ("FHWA"), hereinafter referred to as the "Program ."
4. Pursuant to§ 1007(a) ofTEA-21, at 23 U.S.C . § 133(d)(2), certain Surface Transportation project
funds arc made available only for eligible "Transportation Enhancement Activities", as defined in§ 23
U.S.C. § IO I (a), and this contract provides for the performance by the Local Agency of a project for an
eligible Transportation Enhan cement Activity.
5. Pursuant to § 43-1-223 , C.R.S . and to applicable portions of the Federal Provis ions, the St u e ;s
responsibl e for the general administration and supervision of performance of projects in the Program,
including the administration offederal funds for a Program project performed by a Local Agency under a
contract with the State .
6. The Local Agency hu requested that a certain local transponation project be ti.mdcd 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 preliminary version of COOT fonn #463 describing the general nature oflhe Work. The •
Local Agency understands that, before the Work begins, fonn #463 maybe revised as a result of design
changes made by COOT, in coordination with the Local Agency, in its internal review process . The
Local Agency desires to perfonn the Work described in fonn #463, as it may be revised .
7. Federal-aid funds have been made available for project STE M395-012 (I 5911 ), which shall consist
of constructing a bike and pedestrian bridge across the Platte River on the south side of Dartmouth
Avenue and a 300 foot bike path connecting Little Dry Creek and Mary Carter Greenway Bike Paths,
referred to as the "Project" or the "Work." Such Work will be performed in Englewood, Colorado,
specifically describtd in Exhibit A.
8. The matching ratio for this federal aid project is 80% federal-aid funds to 20% Local Agency funds, it
being understood 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 I 00%.
9. The Local Agency desires to comply with the Federal Provisions and other applicable requirements,
including the State's general administration and supervision of the Project through this contract, in order
lo obtain federal funds .
I 0. 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 Local Agency the authority to enter into this contract and to expend its match share of the
Work. A copy of such ordinance/resolution c,r authority letter is attached hereto as Exhibit B.
11. This contract is executed under the authority of§§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
12 . The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
13 . The Local Agency can more advantageously perfonn the Work .
THE PARTIES NOW AGREE THAT :
Section I. Scope of Work
The Project or the Work under this contract shall consist of constructing a bike and pedestrian
bridge across the Platte River on the soulh side of Dartmouth Avenue and a 300 foot bike path
connecting Little Dry Creek and Mary Carter Greenway Bike Paths , ;n Englewood, Colorado , as more
specifically described in Exhibit A.
Sectlo,1 2, Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or
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inconsistencies shall be resolved by reference to the documents in the following order of priority: •
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7.
8.
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 attachment.
Section 3. T ~rm
This contract shall be effective upon approval of the State Controller or designee, or on the
date made , whiche ver is later. The term of this contract shall continue through the completion and
final accept ance of the Project by the State, FHW A and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the tot .. , .ost of th e Work and is prepared to provide its match
share of the cost , as evidenced by an appropria:e :rrdinance/resolution or other authority letter which
expressly authorizes the Local Agency the authot ; ·y to enter into this contract and to expend its match
share of the Work . A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit
B .
The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency
shall provide its share of the funt'.s for the Project as outlined in Exhib it C.
Section 5. Transportation Enhancement Advance Payment Provisions
The advance payment provisions described herein shall app ly only to a percentage of the construction
work portion of an enhancement project, as described below . Payment forall other work portions of
the Project, including for the design work, shall be on a reimbursement basis, as described below.
A. Pursuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(B), the State will provide an
advancr ~,,yment up to a maximum percentage of the total amount for the construction portion
of transi1ortation 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. § 133(e)(3)(B and as describeJ herein .
2. the Local Agency shall submit the following to the State representative identified in
section VII, after execution of this Contract:
a) a financial statement for the construction of the project ; and
b) an invoice for advance payment of 70% of the federal funds budgeted and
available for the construction of the project.
3. After receipt of such statement a.'ld 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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B.
C.
subject however to the prior perfonnance of the foll owing : A) the satisfactory
completion ofth, 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 perfmmance of the
construction work of the project. Upon receipt of the notice to proceed frcm the State,
the Local Agency shall proceed expeditiously to start the construction work and
prosecute it diligently to completion . If for any reason the local agency does 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 c,r abandons pe,-fonnance
before completion, the Local Agency shall remit to the State all federal funds
reimbursed or advanced by the State for the project not later than 30 days after the
120th day, or after the date the Local Agency discontinues/abandons perfonnance, Ii.<
applicable .
5. When the Project construction work is completed, the Local Agency shall submit to
th e State all r•quired paperwork for that construction work , together with a final
statement of costs for that constru ction work and a billing for the remaining 30% of
the federal funds budgeted and available for the Project construction work . The State
shall not reimburse the Local Agency the remaining 30% of the construction work
costs until the State has reviewed the billings and has inspected the completed project
construction work, subject to the tenns and conditions of this contract.
Except as provided in A. above , the State will reimburse the Local Agency for the federal -a id
share of the project design , and other work following the State's review and approval of such
charges, subject to the terms and conditions of this contract. The Local Agency will prepare
and submit to the State monthly charges for costs incurred relative to the design, and work
portions of the project. Provided, however, that charges incurred by the Local Agency prior to
the date ofFHWA authorization for the project and prior to the date this contract is executed
by the State Cont•c 1ler or his des ignee will not be charged by the Local Agency to the project,
and will not b,: · ,.i mbursed by the State , absent specific FHWA and/or State Controller
approval thereof.
The State will reimburse the Lo cal Agency 's reasonable, allocable, allowable costs of
performance ofthr Work, not exceeding the maximum total amount described in Exhibit C.
The applicable principles described in Title 49, Code of Federal Regulations, Part 18 (the
"Common Rule"), Su bpart C ("Financial Administration"), including 49 C.F.R. 18 .22, shall
govern the allowability and allocability of costs under this contract. The Local Agency shall
comply with all sueh principles . To be eligible for reimbursement, costs by the Local Agency
shall be :
1. in accordance with the provisions of Exhibit C and with the terms 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 Lo cal 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 performed subsequent to the effective date of this contract.
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6. satisfactorily documented .
D. The Local Agency shall establish and m'lintain 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 are expended and
costs accounted for in a manner consistent with this contract and project objectives.
I . 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 vuuchers evidencing in detail the nature of the charges .
2. Any check or order drawn up by the Local Agency, including any item which is or will
be chargeable against the project account shall be drawn up only in accordance with a
properly signed voucher then on file in the office of the Local Agency, which will
detail the purpose for which said check or order is drawn . All checks , payrolls,
invoices, contracts, vouchers, orders or other accounting documents shall be clearly
identified, readily accessible, and to the extent fe as ibl e, kept separate and apart from
all other such documents .
E. Upon execution of this contract the State is authorized, in its discretion , to perform any
necessary administrative support servi ces pursuant to this contract. These services may be
performed prior to and in preparation fo r any cond itions or requirements of this contract ,
including prior FHWA 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 sh all
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 proj ect funds
at the appl icable rate . However, in the event that such funding is not made available or is
withdrawn for this contr ,ct, 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
assistanc e provided by the State shall be the sole expense of the Local Agency .
F. Ifthe Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be
as follows :
I . Upon receipt of each bill from th e 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 mon eys due the State within 45 days of demand or within such other period
as m~y be agreed between the parties hereto , the Local Agency agrees that at the
request of the State, the State Treasurer may withhold an equal amount from future
apportionments due the Local Agency from the Highway Users Tax Fund and to pay
such funds directly to the State. Interim funds, until the State is reimbursed, shall be
payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 45 days after the date of each bill), the Local Agency shall pay interest
to the State at a rate of one percent per month on the amount of th e paym ent which
was not made in a timely manner, until the billing is paid in full. The interest shall
accrue for the period from the required payment date to the date on which payment is
made .
G. The Local Agency will prepare and submit to the State monthly charges for costs incurred
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relative to the project. The Local Agency's invoices shall include a description of the amounts •
of services perfonncd, the dates of perfonnance and the amounts and description of
reimbursable expenses. The invoices will be prepared in accordance with the State's standard
policies, procedures, and standardized billing fonnat 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 term.
I. Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds, encwnbered for the purchase of the described services . The liability
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 are not allowable under the Common
Rule shall be reimbursed by the Local Agency, or offset against current obligations
due by the State to the Local Agency, at the State's election .
-:Ion 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit G describes th e Work to be
performed and assigns responsibility of that Work to either the Local Agency or the State. The
"Responsible Party" referred to in this contract means the Responsible Party as identified in the Local
Agency Contract Administration C ·.cklist 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.
d.
perform or provide the Plans, to the extent required by the nature of the Work .
prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway Transportation
Officials (AASHTO) manual or other standard, such as the Unifonn Building
Code, as approved by COOT.
prepare special provisions 1111d estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by COOT.
include details of any required detoun in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
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stamp the Plans produced by a Colorado Registered Professional Engineer.
provide final assembly of Plans and contract documents.
be responsible for the Plans being accurate and complete.
make no further changes in the Plans foilowing the award of the construction
contract except by agreement in writing between the parties . The Plans shall
be considered ftnal when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein .
2. If the Local Agency is the responsible party :
a.
b.
c.
The local agency shall comply with the requirements of the Americans With
Disabilities Act (ADA), and applicable federal regulations and standards as
contained in the document "ADA Accessibility Requirements in COOT
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
requirements .
It may enter into a contract with a consultant to do all or any portion of the
Plans and/or of construction administration . Provided, hr,wever, that if
federal-aid funds are involved in the cost of such work to bro done by a
consultant, that consultant contract (and the performance/provisio n of th,,
Plans under the contract) must comply with all applicable requirements of 2j
CFR Part 172 and with any procedures implementing those requirements ,,s
provided by the State, including those in Exhibit H attached hereto . If the
Local Agency does enter into a contract with a consultant for the Work :
(I) it shall submit a certification that procurement of any design consultant
contract complied with the requirements of23 CFR 172.S(d) prior to entering
into contract. The State shall either approve or deny such procurement. If
denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have 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
comply with the State's standardized billing format. Examples of the billing
formats are available from the COOT Agreements Office .
(4) it (or its consultant) shall use the COOT procedures described in
Exhibit H to administer that design consultant subcontract, to comply with 23
CFR 172 .S(b) and (d).
( 5) it may expedite any COOT approval ofita pr<lt'Urement process and/or
consultant contract by submitting a letter to COOT from the certifying Local
Agency's attorney/authorized representative certifying compliance with
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Exhibit Hand 23 CFR 172.S(b)and (d). •
(6) it shall ensure that its consultant contract complies with the
requirements of 49 CFR 18.36(i) and contains the following language
d .
vetbatim:
(a) 'The design work under this contract shall be compatible with
the requirements of the contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party
beneficiary of this contract for that pwpose."
(b) ''Upon advertisement of the project work for construction, the
consultant shall make available services as requested by the State to
assist the State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project."
(c) "The consultant shall review the construction contractor's shop
drawings for conformance with the contract docwnents and
compliance with the provisions of the State's publication, ~
Specjfications for Road and Bridge Construction, in connection with
this work ."
The State, in its discretion, will review construction plans, special provisions
and estimates and will cause the Local Agency to make changes therein that
the State determines are necessary to assure compliance with State and FHW A
requirements .
B. Construction [if applicable]
I. If the Work includes conS',JUClion, the responsible plll'ty shall perform the construction
in accordllnce with the approved design plans and/rr 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; docwnentation of contract payments,
testing and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the funding for contract modification orders and minor
contract revisions; processing conttactor claims; construction supervision; and meeting
the Quality Control requirements of the FHW A/COOT Stewardship Agreement, as
described in the Local Agency Contract Administration Checklist.
2. The Slate shall have the authority to suspend the Work, wholly or in part, by giving
written notice thereof to tbe 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
considered unsuitable for the prosecution of the Work, or for any other condi ti on or
reaso n deemed by the State to be in the public interest .
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If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the Local Agency Project Engineer (LAPE}, to perform that
administration . The LAPE shall administer the project in accordance with this
contract, the requirements of the construction contract and applicable State
procedures .
b. if bids are to be let for the construction of the project, it shall advertise the call
for bids upon approval by the State and award the construction contract(s) to
the low responsible bidder(s) upon approval by th e State .
( 1) in advertising and awarding the bid for the construction of a f cderal-aid
project, the Local Agency shall comply with applicable requirements of
23 USC§ 112 and 23 CFRParts 633 and 635 and C.R.S. § 24-92-1 01
et seq. Those requirements include, without limitation, that the Local
Agency/contractor shall incorporate Form 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 .1O2(e).
(2) the Local Agency has the option to accept or reject the proposal of the
apparent low bidder for work on which competitive bids have been
received . The Local Agency must declare the acceptance or rejection
within 3 working days after said bids are publicly opened .
(3) by indicating its concurrence in such award, the Local Agency, acting
by or through its duly authorized representatives, agrees to provide
additional funds, subject to their availability and appropriation for that
purpose , if required to complete the Work under this i,roject 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!Ul by a competitive bidding process,
the Local Agency will ensure that all such force account work is accomplished
in accordance with the pertinent State specifications and requirements with 23
CFR 635 , Subpart B, Force Account Construction .
(I} Such work will norrn allybe based upon estimated quantities and firm
unit prices agreed to between the Local Ag,ncy, the State and FHW A
in advance of the Work, as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value of the
Work to be performed .
(2) An alternative to the above is that the Local Agency may agree to
participate in the Work based on actual costs of labor, equipment
rental, materials supplies and supervision necessary to complete the
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(3)
(4)
State's obligations
Work . Where actual costs are used, eligibility of cost items shall be
evaluated for compliance with 48 Cl'R 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
FHW A and shall not be initiated until the State has issued a written
notice to proceed .
I. The State will perform a final project inspection prior to project acceptance as a
Quality Control/ Assurance activity. When all Work has been satis fac torily completed,
theStatewillsigntheFHWAForm 1212 .
2. Notwithstanding any consents or approvals given by the State for the Plans, the State
will not be liable or responsible in any manner for the structural design , details or
construction of any major structures that are designed by or are the responsibility of
the Local Agency as identified in the Local Agency Contract Administration Checklist,
Exhibit G, within the Work of this contract.
Section 7. ROW Acquisition and Relocation
Prior to this project being advertised for bids , the Responsible Party will certify in writing to
the State that all right of way has been acquired in accordance with the applicable State and federal
regulations , or that no additional right of way is required .
Any acquisition/relocation activities must comply with all federal and state statutes,
regulations, COOT policies and procedures , 49 CFR Part 24, the government wide Uniform Act
regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual.
Allocation of Responsibilities can be as follows :
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (e xpenses 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).
Regardless of the option selected above, the State retains oversight responsibilities . The Local
Agency'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/DevelopProjects/DesignS upport . •
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Secdon 8, Udlldea
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing to the State that all such
clearances have been obtained .
Secdon 9. Railroads
In the event the Project involves modificatio·n of a railroad company's facilities whereby the
Work is to be accomplished by railroad company fon:es, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of the
proposed improvements and not proceed with that part of the Work without compliance . The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646 , subpart B, concerning federal-aid projects
involving railroad facilities, includ ing:
2.
3 .
4.
5.
Executing an agreement setting out what work is to be accomplished and the
lccation(s) thereof, and that the costs of the improvement shall be eligible for federal
part ic ipation .
Obtaining the railroad's detailed estimate of th e cost of the Work .
Establishing future maintenance responsibilities fo r the proposed installation.
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 the installation .
Section 10. Environ , al Obll1atlon1
The Loca l Agency shall perform all Work in accordance with the require:ncnts of the current
federal and stat. environmental regulations including the National En vironmental Policy Act of 1969
(NEPA) as applicable .
Section 11 . Maintenance Oi>llgatlons
The Local Agency will maintain and operate the improvements constructed under this contract
at its own cost and expense during their useful life , in a manner satisfactory to the State and FHW A.
The Local Agency will make proper provisions for such maintenance obligations each year. Such
maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances
and regulations which define the Local Agency 's obligations to maintain such improvements . The
State and FHWA will make periodic inspections of the project to verify that such improvements arc
being adequaMy maintained .
Page II of 18
Section 12. Federal Requirements
The Local Agency and/or their contractor shall at all times during the execution of this contract
strictly adhere to, and comply with, all applicable federal and state laws, and their implementing
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 descrihcd in Exhibit J.
Section 13. Record Ke~plng
The Local Agency shall maintain a complete file of all records, documents, communications,
and other written materials which pertain to th , costs incurred under this contract. The Local Agency
shall maintain such records for a period of three (j) years after the date oftermination of this contract
or final payment hereunder, whichever is later, or i'or such further period as may be necessary to
resolve any matters which may be pending . The Local Agency shall make such ma tr.rial~ avai lable foe
inspection at all reasonable times and shall permit duly authorized agents and empl o)ces of the State
and FHW A to inspect the project and to inspect, review and audit the project records.
Section 14. Termination Provisions
This contract may be terminated as follows :
A. Termin c ?ion for Convenience . The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination .
B. Termination for Cause. If, through any cause , the Local Agency shall fail to fulfill, in a timely and
proper manner, its ob ligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this .:ontract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency ofits intent to terminate
and at least ten ( 10) days opportunity to cure the default or show cause why termination is otherwise
not appropriate. In the event of termination, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs and reports or other material prepared by the Local
Agency under this contract shall, at the option of the State, becor": 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 lo return any payments advanced under the provisions
of this contract.
Notwithstanding the above, the Local Agency shall not be relieved 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
State may withhold payment to the Local Agency for the purposes of mitigating it£ damages until such
time as the exact amount of damages due to the State from the Local Agency is determined .
Page 12ofl8
•
•
•
•
•
•
If after such termination it is determined, for any reason, that the Local Agency ·.vas 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 horein .
C. Termination Due to Loss of Funding . The parties hereto expressly recognize that the Local Agency
is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are
available to the State for the purposes of contracting for the Project provided for herein, and therefore,
the Local Agency expressly understands and agrees that all its rights, demands and claims to
compensation arising under this contract are contingent upon availability of such funds to the State. In
the event that such funds or any part thereof are not available to the State, the State may immediately
terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, anrl/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms . The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section I 6. Representatives and Notice
The State will provide liaison with the Local Agency through t~e State's Region Director, Region
6, 2000 South Holly Street, Denv,r, Colorado 802~2. Said Region Director will also be responsible
for coordinating the State's activities under this contract and will a! ,o issue a "Notice to Proceed" to
the Local Agency for commencement of the Work. All commur ;c ations relating to the day-to-day
activities for the work shall be exchanged between representatives of the State 's Transportation
Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed
to the individuals identified below . Either party may from time to time designate in writing new or
substitute representatives.
Ifto State :
Carol And erson
CDOT Region 6 Project Manager
2000 South Holly Street
Denver, Colorado 802 22
(303) 744-0512
Section 17. Succf.l1on
If to the Local Agency :
Dave Henderson
City of Englewood Public Works
I 000 Englewood Parkway
Englewood, Colorado 80110
(303) 762-2506
Ex ce pt as herein otherwise provided, this contract shall inure to the benefit of anrl be binding
upon the parties hereto and their respective successors and assigns .
Page 13 of 18
Section 18. Third Party Beneficiaries
It is expressly understood and agr~~ that the enforcement of the tenns and co~ditions of this
contract and ail 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 r lght of action
whatsoever by any other third person . It is the express intention of the State and the Loc al A~ency
that any such person or entity, other than the State or the Local Agency receiving services or benefits
under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
No1withstanding any other provision of this contract to the contrary, no term or condition of
this contract shdll be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights , ber,efits , protection , or other provi sions of the Colorado Governmental Immunity
Act , § 24-10 -10 1, et seq ., C.R.S., as now or hereafter amended . The part ies understand and agree that
lial ility for claims for i1juries to persons or property arising out of negligence of the State of
Col orado , its departments , institutions, agencies , boards, officials and employees is controlled and
lim ited 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. Severabillty
To the extent that this contract may be executed and performance cf the obligations of the
parties may be accomplished within the intent of the contract , the terms of this contract are severable ,
and should any term or provision hereof be declared invalid or become inoperative for any reason ,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
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 wai ver of any subsequent breach of such term, provision, or requirement, or
of any other term , provision or requirement.
Section 22. Entire Underrl afl tling
This contract is intended as Li ,'. co mplete integration of all understandings between the parties.
No prior or contemporaneous additio :1, 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
exec uted and approved pursuant to the State Fiscal Rules .
Section 23. Survival of Contract Terms
•
•
Notwithstanding anything herein to the contrary, the parties understand and agree that ail terms
and co r.:litions of this contract and the exhibits and attachments hereto which may require continued •
Page 14 of 18
•
•
•
perfonnance, compliance or effect beyond the terminatio'l date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to
perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as maybe required by changes in federal or State
law, or their implementing regulations . Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein . Except as 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 2S. Funding Letters
The State may allocate more or less funds available on this contract using a Funding Letter
substantially 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 F .nibit E and the Local Agency
Contract Administration Checklist regarding DBE requiretnents 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 mu st 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 leg al and other challenges or complaints, at its sole cost and expense . Such
responsibility includes , without limitation, determinations concerning DBE eligibility requirements
and certific ation, adequate legal and factual bases for DBE goals and good faith efforts . State
approval (if provided) c,f 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 of fact arising
under this contract which is not disposed ofby agreement will be ~ecided by the ChiefEngineer of the
Department ofTransportation . 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
mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the
Department ofTransportation . In connection with any appeal proceeding under this clause, the Local
Agency shall be affordet. an opportunity to be heard and to offer evidence in support of its appeal .
Pending final decis ion of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer 's decision. The decision of the
Page IS of 18
Executive Director or his duly authorized representative for the dctcnnination of such appeals will be
final and conclusive and serve as final agency action . This dispute clause does not prccl•Jde
consideration of questions of law in connection with decisions provided for herein . Nothir.g iii this
contract, however, shall be construed as making final the decision of any administr•tive official,
representative, or board on a question of law.
Section 28. Single Audit Act Amendment
All state and local government and non-profit organization Sub-Grantees receiving more than
$500,000 from all funding sources, that arc defined as federal financial assistance for Single Audit Act
Amendment purposes, shall comply with the audit requirements ofOMB Circular A-133 (Audits of
States , Local Governments and Non-Profit Organizations) see also, 49 CFR 18 .20 through 18 .26. The
Single Aud it Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as
follows :
a) 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 ofFederal Domestic Assistance, CFDA 20 .205) then a program specific
audit shall be performed . This audit will examine the "financial" procedures and processes for this
program area.
c) If the Sub-Grantee expends more than $500 ,000 in Federal funds, and the Federal funds are
from multiple sources (FT A, HUD , NPS, etc.) then the Single Audit Act applies, which is an audit
•
on the entire organization/entity. •
d) Single Audit can only be conducted by an independent CPA, not by an auditor on staff.
e) An a~dit is an allowable direct or indirect cost.
•
Page 16ofl8
Section 29.
SPECIAL PROVISIONS
• {For MIi wltb 1nt1c•G 0v1corn1ottl contr1cta>
1. COHTROI.LER"S APPROVAL CRS 24-30-202 (1)
This contr.ct Ih1tl not be dffmId vIUd until It hH been 1pprov1d by tht Controlltt or th1 Stitt or Color,do or such I11!It1nt II ht mIy d11l9nItt,
2. FUND AVAILABILITY. CR$ 24-30-202 {5.5}
Fln1ncl1I obHci1tlon1 or the St1t1 or Colorado p1y1ble 1ft1r the current n1ul yur 1r1 cont1ng1nt upon funds ror that purpon being 1pproprl1t1 J, bud;ettd,
tnd Olhtrwl1t made 1v1lltbl1,
3. INDEMNIFICATION.
To the Httnt 1uthorlted by law, the Contractor 1h11I Indemnify, 11v1, and hold h1rmle11 tht S1111, Ila employees and agents, 191ln1t any and ,u d1lm1,
dImIge1, H ■bll lty 1nd court IwordI lndudlnQ costs , expen1eI, and 1ttom1y fees Incurred 111 rHult of any act or omlulon by the Contractor, or Its
employees, 1gIn1I, subcontractors, or HSlgnees pursuant to the terms of this contr1ct,
No ttrm or condition of this contrIct shall bt construed or Interpreted H • waiver, 11pr111 or 1mpU1d, of any of the tmmunltln, rights, benents, proteaJon, or
other provisions for the parties , of the Color1do Governmental Immunity Act, CR.S 24·10·101 et se:q , orth1 Federal Tort Calms Act, 28 u.s.c. 2671 et seq . 11
applicable, H now or herul'ter amended.
INDEPENDENT CONTRACTOR. 4 CCR 101•2
THE CONTRACTOR SHAU PER.FOR.M ITS DUTIES HEREUNDER AS AN INOErENDENT CONTRACTOR ANO NOT AS AN EMPlOYEf , 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 STAT!:, CONTRACTOR SH.t.LL
PA.Y WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TA>C ON ANY MONIES PAID BY THE STAT£ PURSUANT TO THIS
CONTRACT. CONTRACT DR AO<NOWLfOGES THAT THE CONTRACTOR AND ITS EMPlOYEES ARE NOT fmlllED TO UNEMPlOYMENT INSURANCE BENEFITS
UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND 111AT THE STAT'f DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED , TO BIND THE STAT! TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTRACTOR SHALL PROVIDE ANO KEEP IN FORCE WORKERS ' COMPENSATION (ANO
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPlOYMENT COMPENSATION INSURANCE IN THE AMOUHTS REQUIRED
BY LAW, ANO SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF TliE CONTRACTOR, ITS EMPLOYEES AND AGENTS,
5. NON.OISCRIMINATION.
The contractor agrees to comply with the letter and the sp irit of 111 1ppllC1ble stile ind reder1I lIws re rpecllng discrimination and unfIlr employment
practices .
•
";HOICE OF LAW.
The laws of the Stile or Colorado and rules and regulltlons lnued pursuant thereto shill be 1pplled In the Interpretation, e•ecutlon, and enfr.rcement of this
contract. Any provision of this contrtct, whether or not Incorporated herein by reference, which provldH for 1rb1trIUon by any utrI•Judlch1 I body or person or
which 11 otherwise: In tonnlct with said l11ws, rules, and regulations shall be considered null and void. Nothing contained In any provision Incorporated herein
by reference which purports to negate this or any other spec1I1 provision In whole or In pIrt shall be vIlld or enforceable or 11v1ll1ble In any action It lIw
whether by way of complIlnt, defense, or otherwise. Any provision rendered nu11 and void by the operation of this provision will not lnvalldalt the remIlnder
or this contract to the twtent thIt the contract Is capable of u:etutlon.
At 111 ltmes during the pert'ormarce of this contract, the Contractor shall strictly adhere to I1l 1ppllt1blt federal and Stitt laws, Nits, and regutItlons that
1 •• ve been or mIy hereal'ter be ntabllshed.
7. SOflWARE PIRACV PROHIBITION Goverf«1 E•KUtlv• Onltir O 002 DO
No State or other publlc funds payable under this Contract shall be used for the acquisition, operation, or mIlntenInce of computer SGl'twue In violation of
United States cop /right lIW1 or 1pr,llublt l!censlng rtstrlctlons, The Contrutor hereby certtnes that, ror the term of this Contract ind Iny extensions, the
Contractor hu In place IppropriIte systems ind controls to prevent such Improper ust of public funds . 1' the State determines thlt the Contractor 11 In
viol1Uon of this paragraph, the Stale mIy u:erclse any remedy IvIllIble at law or equity or under this Contract. lnctudlng, without llmlt11tlon, lmmedl1te
termination of the Contract and any remedy consistent with United States copyright laws or 1pp1lt1bte Hcenslng restr1ctlon1.
I . EMPlOYEE FINANCIAL INTEREST. CRS 2•·11·201 & CRS 2•·50-507
The I lgn11orlu Iver that to their knowledge, no employee of the StIte of Colorado hH Iny person1I or beneflcl1I Interest whatsoever In the service or
property des01btd herein,
II. ILLEGAL AI.IENS-PU'lLICCONTRACTS FOR SERVICES . CRS 1•17.~1011ndPubllcl.aw~. ICM"Congt1u,11 ■mtncttdand~lnPubl lc UW 15d, 101"'Cong,us,
1IImendtid
The Contractor urtmf':I that the Contractor shall comply with the provisions of CRS 8 · 17,5· 10 1 et seq , The Contra ctor IhIII not k:1owlngly employ or contract
with 1n Illegal 1nen to pert'orm work under this contrIct or enter Into I contract with I subcontractor 1h11 knowingly employs or contracts with an rn Ig1I 1Uen.
The Contractor represents, wIrrInts, 11nd agrees 1h11 It (1 ) hH verified that It does not employ any Illegal 1nens, through pIrtlclp1t1on In the Sulc PIiot
Employment Verlncatlon Program administered by tht SOC11I Security Administration ind De::::n m .. ,t of HomelInd Security, or (H) otherwise wm comply with
the requlrtments of CRS 8•17.5·101(2)(b)(I), The Contractor shall comply with 111 reuonabte requests mIde In the course or an Investigation by the ColorIdo
Department of Llbor and Employment. If the Contr•ctor r,11I to comply with any requirement of this prnvlslon or CRS 8• 17 .S• 101 et seq ,, the State may
termlnIte this contract for breach 1nd the Contractor shall be liable for actual and con11quentlII dImIges to the StIte.
A Contr1ctor that op1r1tt1 HI sole proprietor hereby swears or 11mrmI under pen,lty of perjury that tht Contractor (1) 111 clUz:tn of the United Stites or otherwllt
lawfully 1,Kt1tnt In th• United St1te, pursuant to feder111 law, (II) shall comply with tht provlIlons or CRS 24 ·76.S• 101 et aq, and (HI) lhlll pn>duce one o/ tht forms
of ldentlf\cttlon required by CAS 2◄· 76 .5· lOl prior to the effective date of this Contrtct. !xcept where exempted by federal law Ind except II provided In CRS 24·
76 .5· lOl(l), 1 Contr1ctor that rKelves federal or st11tt funds under this contract must conn rm th1t Iny lndMduII natural person elghtnn yt1rs of 1g1 or ol.1er ls
•
awfully pr11ent In the United States pursuInt to CP.S 24·76.5·103(4) If such lndlvlduI1Ipplles for public benefits provided under this contract.
Effective o,te of Spedal Provisions: Auc ust 7, 2006
Page 17 of 18
Ool~rado' Department of Tran1port1Uo n
DESIGN DATA
Origin Dole: 0712512006
RIMIIDlle: ....,__
Pn>jod oodo : 15911 STIP nu-. DR6DI
Pn>jod •-STE Ml95-0l 2 ••
lr, .. trtc ~!nllllh 1-R_OYlolon __ ._, ____ +-----+-:------------I
• 1 R191Gn : 06
81otuo: e p,o11nwty O llnll O rwlMcl I
Pn>jod dNcrlption: PLATTE RIVER:DARTM'll! BK & PED
Pntpo,od by. RIMlld by: I I Dove Hendmoo eo.mty1: Anpohoe ICOunty2: 1County3:
Doto: 07120/2006 Doto: I I Muntdpolty: Enalewood
Subrrlltld by Prof.Mgr. Appovod by Proc:omlnrdlon EnglnNr. Systom oodo: 0thot Fodorl~Alcl Hlghwoy
Ovffllght: Ful Ovo!>lght (Non-NHS)
Doto: 07/2512006 Plennod longlh: 0.1
Googrophic locltlon:
Platte River approximately SO feet so uth of Dartmouth Ave,
Tern,~ IYDI : 0 Lo,et Q Plllno O RoGlng • Urban Q Mountolnou&
DesctipUon of propoaecl c:onatrudion/lmp,ovtmtnt (attach map 1howklg alt• loeaUon)
Construe! Bike/Ped bridac acron the Pl alte River on the South side of Dartmouth Ave and 300' of concrete bike paths with curb ramps conncc1ina:
linlc Dry Creek&. Mary Cmcr Greenway Bike P1lh1 . Projccl 1110 provides bike racks and lockcn .
IITroffle (Note : un columns A, 8 , and/or C to Identify faelllty dt1;rlbtd below)
Curren! year: --I FU1ure year. --I FtdUtvlocatlon
Faclllty ADT OHV I OHV % truck> I AOT OHV I Indu strial )Commercill I Ruldtnlill I Other
A I I I U I u I u I u
I I I I I □ I 0 I 0 I 0
C I I I I LJ I [J I u I LI
p "'iwyCIHe Route Rafpt End,.fpt Functional cl1Hlflc.tlon Faclllty type Rural code
I • -,-,. >--99_9_-+--~--+---~-+----Loc-,l----+---N-o-, R-.~,d~w~,y __ ,,__N_o_t_R_o,-dw-,-y---<
2.
3.
ii D11lgn Standard• (Id ",l~ 1ub11and1rd llem1 wtth • chtckmart. In~ ~I column and clarify In remart.a) C•
Standard Exi1llng Propoaed Ulllmate Standard l:Xlsting Propo1ed Ulllmatt Standard Existing PropoHd Ultlm1le
D Surl■cotvoe
Tl'J)lcll Hction typo B # or travel lanes
O Width of ltlvtl lant1
D !=;::~:~: 8 Skle......,d1&tr,•1
D M■dlln widlh
D Po&t■d-
8 Oollgn&-
Max. IUDarMIYltion
D Mln.rodlu&
D Mln .hoNanlal&&d
B Mtn .-Md
Mu.g,odl
I-P:.;rojod;::::::.;.,-:::.;::~0::...;1:.;R__:0:::.,:3R::.;__O::::,_•:.;R:..._,:::e=-,::Othor:.:.::::..:· ==:;:;;;:;=::.::crttor1o:::;;_-1Exl&Ung guan!roi mHI& current ollndlrd &: 0 Yn O No
V&rlllllOI ~ mtnin,...,, d■&lgn 111ndord1 req~r■d O Yn • No 1 □ Safoty projld Comment&:
-'7 JU&1fflcotlon ■ttoctold RR■quo■t to bo &ubm111 ■d Nol II &tandan!& -ti Alldna (IN Item 4) SN ramllU addreued
Stage oonatructlon
i f3i•:~, c:onoemlng nfety 11pect1 atlached ~~------~-~~----------_._ _______________ _
COOT Fonn '413 12/200)
1 of 2 Exhibit A
Page2 Pn,joc:ICodl: 1591 1 I Pn,joc:I Nu-. STEM39)-0l l RIVIH Date :
llllojo,IINcl\no I I -to l !g1 I{"'° bl remowd• PaoroooMd NW l wctln I Slando rd SINdu,. Horizontal Vlftlcol y.., .. ·-I 1 ........ ·-~·-···•---" Width """" ' ..• CIN,.,,co Clurance Bult •
Proposed tre1tmtnt of bridgH to remain In place (addreaa br1dg 1 ran, capacity, and allowabl e surface lhlckn t H)
I Profitt Chanct8ri1tlc1 (p,opoHd) M-n lype: Q dop,.ued Q palnlod o .. ,* • none
Llahllna n HandlcaD fllTIM I Traffic control algnals I Is•-
Curt,and outttr I !Curb only ILtfl.tumlk>ll I I continuous wldlh •
Sldewlik width • /✓/ B~IWIY wldlh • 10' /R~hMumaloll f ·1cont1nuou1 wldlh •
Parttlng lane width • / 10.lou,. Signing : f7Jcon1truc:tlon 1.r 1permanent
L1nd 1r.ape req ulrementa: (de script ion) Other: (dnaiptlon)
Rest,.>re cid11ina
Ill Right of Way Yn No Est. No . II Utllltl11 (111 1 nnmea ol known utlUty companies)
ROW and/or perm . ""rnenl required : 0 • ---Xcd, Qwest , Comcas t, Engl ewood Utilities , Denver W11er
Rtloeellon required: 0 • ---TCtmp()(ary e ■aemenl req uired : 0 • ---Changea In 1cce11: 0 • ---Change s lo connecting roads: 0 • IIR•llroad cro11lng1 #0fcro11 lng1 : • Agreements
Railroad Name -Ired Pre1tnl protectlon Condition of x'lnoa
1
2
3
•
RecommendlU ona:
l!IEnvl ronmental
Type : CE Prog rammatl.: Categorical Exclu1ion #: 23 CF R 771 .117 parag,.ph (c) (3 )
128 lnltlallon Dale:08/t 1/2006 Revision Date : Clearance Action Date:
Comment,:
~ Coordination
Withdrawn la nd 1 (power sties, re11rvolr1 , etc.) cleated through BL M, , ,11 service offlct I 1mgat1on dhch name :
New traffic ord inan ce requlr9d I ,. 1 Modify sctt edule oi existing ordinance I M uniclp■llty:
Olho<:
UI con,truction method ~:n,uon: O D•~n Q Locol F/A
Entity/Agency conlld nr e: Dave Hendmon Advar1lud by: 0 S1■1■ C P.O. Q RR F/A
• Loc:ol Q Sludy Q UUlltyF/A Phone nun/ ier. 303· 762-2506 0 Non• Q COOT F/A 0 Mllcelllneou1 l -
I
-.aR■m■rb (lr.-Jude edd tl:ontl pagH If needed)
·-Ort gln,1 to: Central me, Copln to : Region Flies, Region EnvtrOP.",,,ri tal Program Manl\,'\fr. ~•taff ROW , Staff Bndgt o, olherwhtn 1Pf)f'Opf\lt1
2of2 Exhibit A
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LOCAL AGENCY
ORDINANCE
or
RESOLUTION
ExblbltB
• A .
•
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The Local Agency has estimated the total cost the Work to be $91,250.00 which is to be
funded as follows ·
1 BUDGETED FUNDS
a. Fed .rel Funds $73,000 .0(
(80% of Participat ing Costs)
b. Local Agency Matching Funds $18 ,250 .00
(20% of Part icipating Costs)
Local Agency Matching for COOT •
c. Incurred Non-Parllclpating Costs $0 .00
(Including Non-Partic ipating Ind irects)
rroTALBUDGETED,UNDS $91,250 .00
2 ESTIMATED COOT-INCURRED COSTS
a. Federal Share $0 .00
80% of Partic ipating Costs)
b. Local Share
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (lnclud h1g Non -
Participating Ind irects) $0.00
Estimated to be BIiied to Local Agency $0 .00
TOTAL ESTIMATED COOT-INCURRED COSTS so.oc
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1 a) $73,000 .0C
b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $0 .0C
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $73 000 .0C
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $73,000.00 dlvldeci by
80%) $91,250.0(
Less ROW Acqu isition 3111 and/or ROW
Relocation 3109 $0 .00
Net to be encumbered es follows : I $91 250 .00
Des ign! 2312 1 P I 3020 I $91 250 .00
Con•~ 2312 1P I 3301 I $0.00
Exhibit C -Page I of2 SAU91 1
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 r,pplies •
only to the $91,250 .00 ($73,000 .00 Federal Funds and SI 8,250 .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 100%. If the total participating co3t
of performance of the Work exceeds $91 ,250 .00, and additional federal funds are made
available for the project, the Local Agency shall pay 20% of all such costs eligible for federal
partidpation and I 00% of all non-participating costs; if additional federal funds are not made
available, the loc..1 agency shall pay all such excess costs. If the total participating cost of
performance c,fthe Work is less than $91 ,250.00, then the amounts of Local Agency and
federal-aid funds will be decreased in accordance with the funding ratio describ ed herein .
The performance oft!'.e Work shall be at no cost to the State .
C. The maximum amount payable to the Local Agency under this contract shall be $73,000 .00
(For COOT accounting purposes , the federal funds of$73,000 .00 and local matching funds
of $18 ,250 .00 will be encumbered for a total encumbrance of $91 ,250.00), 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 par:ies 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 Local 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 terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur
as a result of such termination .
Exhibit C -Page 2 of 2 SA159II
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ExblbltD
Certification for Federal-Aid Contracts
The contractor certifies, by signing this contract, to the best of its 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
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract , grant , loan , or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to 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 to Report
Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
trans1ction was made or entered into . Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352 , Title 31, U.S. Code . Any person who fails to
file the reqL.red certification shall be subject to a civil penalty of not less thM $10,000 and not more
than $100 ,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
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635 .112
Exhibit D -Page 1 of I
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ExhlbllE
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION!. ~
It is the policy of the Colorado Department of Transportation (COOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the perfonnance 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 of Transportation
DBE Program (or a Local Agency DBE Program approved m advance by the State) apply to this
agreement.
SECTION 2, DBE Obligation .
The recip ient or its contractor agrees to ensure that disadvantaged business enterprises as detennined
by the Office of Certification at the Colorado Department of Regulatory Agencies have the max imum
opportunity to participate in the perfonnance of con!Tacts and subcontracts financed in whole or in
part with Federal funds pro vided under this agreement. In this regard, all participants or contractors
shall take all necessary and re:isonable 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 maximwn opportunity to compete for and perfonn contracts. Recipients and
their contractors shall not discriminate on the basis ofrace, color, national origin, or sex in the award
and performance of COOT assist e-1 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 !Tom and will be mailed to the contractor upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone : (303) 757-9234
reviled 1/22198 Required by 49 CTR Part 23.41
Exhibit E -Page I of I
ExblbltF
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COLOMOO llU'AllTIIENT Of TMN~TATION CONTRACT AlllliORllY:
.. ·1NC INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Polley letter on June 12, 1996
,lete section 1 and submit to COOT Controller's office . COOT Controller letter on Mav 23 1996 ._.
(l)Thls form to be used for the following contracts/situations only (check the appropriate sltuatl~n):
_Indefinite quantltY, order more/add more _utllltY/rallroad, underestimated total cost
_COOT construction , sum of CMO's _LA construction, underestimated cost
COOT construction underestimated total co s!_ COOT consultant, underestim ated cost
SECTION 1 IRe•lon use)
Date : (2) Prolect code (31
To : COOT Controller (FAX #(303) 757-9573 ore-mall CONTROLLER) Project # :4~
From : I Office : (5) Phone # (5) I FAX# (5)
Reqlon # (51
COOT has executed a contract "Ith: ,c)
Address : 161
FEIN# (6) Contract routing # (7) COFI S encumbrance I Undlnte PO , SC or PC I)
(81
Fund I Orgn . I Appro. I Prgrm. Fune. I Object /Sub-obj N/P I GBL Reporting Catg . I Proj /5ub /Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9)
la al contract amount Has a Budget Request been processed to cover the contract amount Increase?
,J) ves no C141
Prev ious Funding Letter(s) total Preparer's name (15)
S (11)
(Fum!lng 1,n., I I lhN I _J PHONE NO :
This Funding Letter total Co"1tract Administrator's/Business Manager 's Approval s (12) (lb/
(I__) PHONE NO :
Adjusted contract amount COOT Oes lgnee Approval
S (13) (17)
Local Agency approval
(18)
SECTION 2 /Controller's Office use) (19)
Total allotment amount Comm iss ion budget
s (19) s (19)
If construction : I CE charges I Indirect chgs I Adjusted contract amount plus total CE & Indirect
_CE pool ellg . (19) S (19) S (19) charges calculatlon S {19)
A reviewed the financial status of the project, organ ization, grant and have determined that sufficient funds are available
,er this Increase effective as of Cl ~) -
State Controller or Oelegee I Date (20) (20)
Exhibit F -Page I of I
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ExhibitG
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure thet all required aspects of a
project approved f,:,r Federal fundinG have been addressed and a responsible party
assigned for each lo'lk.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Oepanment of Transportation (COOT) Project
Manager , Local Agency ~roject manager, and COOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and COOT . The COOT Agreements Unit will not process a Local Agency agreement
without this completed checklist. It will be raviewc1d at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks .
xv
ExhibitG
LORADO DEPARTMENT OF TRANSPORTATION
OCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No .
STE M395-0 12
Project Locabon
Platte River: Dartrnth Bk & ~ od Bridge
Project Description
Platte River: Dartmth Bk & Ped Bridge
Local Agency
City of Englewood
COOT Resident Engineer
Tony Gross
INSTRUCTIONS :
STIP No .
DR6838
Local Agency Project Manager
Dave Henderson
COOT Project Manager
Carol Anderson
Project Coda
15911
Region
08
Date
08 /02/2008
This checklist shall be utilized to establish the contract administration raspcnslbillUes of the Individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the appllcable chapters
of the COOT Local Agency Manual .
The checklist shall be prepared by placing an "X" under the responsible party , opposite each of the tasks . The ·x· denotes the
party responsible for initiating and executing the task . Only one responslble party should be selected . When neither COOT nor
Iha Local Agency Is respcnslble for a task , not applicable (NA) shall be noted . In addition , a "Ir will denote that COOT must
concur or approve .
Task s that will be perform ed by Headqu arters staff will be Indicated . The Regions , In accordance with established policies and
cedures, will determine who will perform all other tasks that are the responslblllty of COOT .
1e checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, In cooperation with the Local
Agency Project Manager , and submlttad to the Region Program Engineer . If contract administration responslbillties change, the
COOT Resident En lneer , In coo eratlon with the Local enc Pro ect Mana ar, will re are and distribute a revised checklist.
NO. DESCRIPTION OF TASK
TIP / STIP AND LONG-RANGE PLANS
2-1 Review to ensure conslstenc with STIP and amendments thereto
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
Authorize funding by phases (COOT Form 418 . Federal-aid Prograrr Data . Requires FHWA
cono.irrence/lnvolvement
RESPONSIBLE
PARTY
LA COOT
X
X
X X
X
X
X
X
X X
X X
X
X
X X
X
X
X
X
X
COOT Form 1243 07102 Pagt1 of 4
Prevlou1 edition• .,.. obsolete and may not btl UHd
ExhibitG -RESPONSIBLE
.. DESC~PTIDN OFT""' PARTY
LA COOT
Pn,vlde co"1petent, experienced staff wl1o wtll en1ure the Contrlcl work 11 conatnJCted In
eccord1nce with the Diana and •-""'•tlona X
Con■truction LianAl'"IV'i n end documentation X
8-5 ~ VI ahoD. drawlnal X
8-6 P1rform traffic control ln1oactlon1 X
8-7 Perform construction survevinn X
8-6 Monument naht-of-wav X
8-9 Prepare and approve Interim and final Contractor pay 11Umatea X
Pn,vlde the name ar.d phone number of the pereon authorized for this task .
Li1m'.til1Dfl!!2 aQa-m-z~
Local Anancv Raoresentatlve Phone number
8-10 Preoare and aoorove Interim and final utilltv/rallrosd billlnas X
8-11 Preoara Local AQeney reimbursement reauesta X
8-12 Preoare and authorize chance orders X
8-13 annrove all chanae orders X X
8-14 Monitor pn,Jact financial status X
8-15 Preoara and ali>mlt monthlv nrnnrau rannrta X
8-18 Resolve Conlractor clalmsldlsoutes X
8-17 Conduct n,utlne , random pn,jact n,vlaws
Provide the name and phone number of Iha person responsible for this task . X ~-lJ2nli'.Gr12n aQH7H11Z
COOT Resident Enclneer Phone number
MATERIALS
9-1 Conduct Matertals Preconstructlon meetino X
9-2 COOT Form 250 -Materlals Documentation Record . Generate lorm, which Includes determining the minimum number of n,quln,d tests and X
applicable matarlal submlttals for all materlals placed on the pn,)act X . Update the form as work pn,gn,sses X . Comolete and dlsbibute form after work Is comoleted
9-3 Perform on,lact accaotanca samoles and lasts X
9-4 Perform taboratorv verification tests X
9-5 Accept manufactured pn,ducts
Inspection of structural components : X . Fabrlcat~n of structural steel and pre.stressed concrete structural comp:>nents . Bridge ",,,dular expansion devices (O" to 6" or greater) . Fabrication of baa es
9-6 Annrove sources of X
9-7 Independent Assuran (IAT), Local Agency Pn,cedures D COOT Procedun,s 181 . Generate IAT schedule X . Schedule and provide notification X . Conduct IAT X
9-8 Appn,ve mix dealgns X . Concrete X . Hot bituminous gavamenl X
' Checit final materlals documentation X • J Comotete and dlsbibute final materlals documentation X
COOT Fann 1241 07/02 Pogo! of 4
Prevloua edltlona are obaol~• and may not be UHd
Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulllll orolect bulletin board and ~natructlon oacl<et n,aulrementa
10-2 COOT Form 205 -Sublet Permit Application
Review end ■lgn completed COOT Form 205 for each subcontractor, and submit lo
EEO/Civil Rlahll S--'ellal
10-3 Conduct employee Interview■. Complete COOT Form 280 -Equal Employment Opportunity
end Llbor Compliance Verification
10-4 Monitor Disadvantaged Buslneaa Enterprtse participation lo ensure compliance with the
"commerclallv useful function" reaulremenll
10-5 Conduct trelnee Interviews. Complete COOT Form 200 -OJT Training Questionnaire when
orolect utiliz th ob trainees
10-6 Check certlfle Ill !Contact the Region EEO/Clvll Rlohll SDecilllttl fOf lrllnlna ranulrementa .)
10-7 SubmltFHW 1391 • Hlahwev Construction Contractor's Annual EEO Reoort
FINALS
11-1 Conduct final project lnsp■cUon, and complete and submit COOT Fonm 1212 • Final
Acceptance ReDOrt (Resident Engineer with mandatory Local Agencv partfelpatlon .)
11-2 Write final orolect acceotance letter
11-3 -...!.!.:L s
11-5 av aaUmate
7T.e material certification taee Chanter 9\
11-7 nt Certification from the Contactor and
11 -6
11-9
11-10
11-11
11 -12
submit to the Resident Enolneer
Proceaa final oevment
Obtain FHWA Fonm 47 -Statement of Materials and Lobar Used ... from the Contractor
Comolete and submit COOT Fonm 950 • Prol ■ct Closure
Retain orolect records for six vears from date of orotect closure
Retain final version of this checklist and dl•lribute conies
cc : COOT Res ident Engineer/Project Manager
COOT Region Program Engineer
COOT Region EEO /Civil Rlghta Specialist
COOT Region Meterials Engineer
COOT Contrects and Marl<et Analysis Branch
Local Agency Project Manager
X
X
X
X
X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
CDOTForm 1243 07/02 Po~of 4
Prevlou1 editions are obaotete and may not be uNd f
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ExblbltH
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement
administered by COOT that involves professional consultant services . 23 CFR 172 and 23 CFR I 72(d) state Iha~ "When
federal-aid highway funds participate in the contract a local shall use the nme procedures as used by the State to
administer contracts ... ". Therefore, local agencies must comply with this CFR requirement and the following state
procedures when obtaining professional consullant services under a federally funded consultant contract administered by
COOT.
CDOT has formulated its procedures in Procedural Directive (P .D.) 400 .1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations , i.e., 23 CFR 172 and Colorado Revised Starute (C .R.S .) 24-30-1401 etseq. Copies of the directive
and the guidebook may be obtained upon request from CDOTs Agreements and Consultant Management Unit. [Local
agencies should have their own written procedures on file for each method of procurement that addresses the items in 23
CFR 172.S(b)(l -6)).
Because the procedures and laws described in the Procedural Directive and the guidebook arc quite lengthy, the
subsequent steps serve as a short-hand guide to COOT procedures that a local agency mwt follow in obtaining
professional consultant services . This guidance follows lhe format of 23 CFR 172. The steps are :
1. The contracting local agency shall document the need for obtaining professional services.
2 . Prior to solicitation for consultant services, the ~ontracting local agency shall develop a detailed scope of work
and a list of evaluation factors and their relative imponance . The evaluation factors arc those identified in C.R.S.
24-30-1403 . Also, a detailed cost estimate should be prepared for use during negotiations .
3. The contracting agency must advertise for ccntracts in conformity with the requirements ofC.R .S. 24-30-140S .
The public notice period, when such ucticc is requircci, is a minimwn of 15 days prior 10 the selection of the three
most qualified firms and the adv ertising should be done in one or more daily newspapers of general circulation .
4. The request for consultant ser\'iccs should include the scope of work, the evaluation factors and their relative
importance, the method of payment, and the goal often percent (10%) Disadvantaged Business Enterprise (DBE)
participation as a minimwn for the project.
5. The analysis and selection of the consultants should be done in accordance with C.R .S. 24-30-1403. Thissection
of the regulation identifies the criteria to be used in the evaluation of COOT pre-qualified prime consultants and
their team. It also s~ows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors :
a. Qualifications,
b, Approach to the projec~
c. Ability to furnish professional services .
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the profess ional services .
Evaluation facton for final selection arc the consultant's :
a. Abilities of their persoMel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. ux:ation,
Exhibit H -Page I of 2
ExblbltH
e, Current and projected work load,
f. Volume of previously awarded con111c11, and
g. Involvement of minority consultanll .
Under 24:30-1101, ro1t 1h1tl not be con1ldcQd 111 factor In the cv1JU1tlon of vroleulon ■I consultant
w:!lma
6. Once a consultant iJ selected, the local agency eaten into negotiations with the consultant to obtain a fair and
reuonable price for the anticipated work. Pre-negotiation 1udi11 are prepaml for conlllcll npected to be pier
lhau $50,000. Federal reimbunement for co,11 are limited to those costs allowable under the cost principles of 48
CFR 31 . Fixed fees (profit) are determined with con,ideration given to size, co""lexity, duration, and degree of
risk involved in the work . Profit is in the range oflix (6) to fifteen (IS) percent of the total direct an d indirect
costs .
7. A qualified local agency e""loyee shall be responsible and in charge of the project to ensure that the work being
pursued is complete, accurate, and consistent with the tcnns, conditions, and specifications of the contract. At the
end ofprojec~ the local agency prepares I performance evaluation (1 COOT fonn is 1v1il1ble) on the consultant
8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18 .42, which
provide for records to be kepi 11 least three (3) yem from the date that the local agency submill ill final
expenditure report. Records of projects under litigation shall be kept at least three (3) yem after the case haa
been settled .
The C.R.S. 24 -3 0-1401 through 24-30-1408, 23 CFR Pan 172, and P.D. 400 .1, provide additiona l details for co""lying
with the eight (8) steps just di scussed.
Exbibil H -Page 2 of 2
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• Exhibit I
FHWA•l27lElecttonlcwnlon-Mlf'l:tl10, 1 ...
FHWA Form 1273
REQUIRED C:ONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General .................................................................... .
II . Nond!ICl'fminatlon .................................................... .
Ill. Non,egregaled F1dlltlel ............. ____ _
rv. P■)ffl80t of Predetermined Minimum Wage ........... .
V. Stlteinenta and P1yrolt1 ............ ,, ........................... ,.
VI. Record or Material 1, SuppOe1 , and Labor .. .
VU . Subiettlng or Au5gnlng lhe Contract ....... ..
VIII . Safety. Acc:ldent Prevention .................................. ..
IX . FalN Statemtnll Conoemlng Highway Profectt ... ..
X. !mplementaUon of CINn AJr Act and Federal
Water PolluUon Control A.;t,. .. , ......................... ,, .............. .
XI. CertlncaUon Regarding Oeblrment, Suspension ,
lnellglbitlty, and Voluntary Excfu1k>n ................ ..
XII. Certification Regarding Use of Contract Funds for
Lobb~ng ........ .. ..................................... 9
ATTACHMENTS
A. Employment Preference for Appalach lan Contracts
(lnduded In Appal1ch l1n contrldl only)
I. GENERAL
1. These contract P<Ovllions shall apply to 111 wor1-; performed
on the contract by the contractor's own organization and wtlh the
•
Jlllltance of workera under the contractor's Immediate ,uperln-
lendence and lo 111 work performed on the conlract by plecewort(,
1L1Uon wor1-;, or by subcontract.
•
2. Except II otherwise provided for In Heh Hdlon, the
contractor ahall lnun In each subcontract all of the 1tlpulaUon1
contained In these Required Contract Provisions , and fur1her
require their lnclullon In any lower Uer subcontract or purchase
order that may In tum be made . The Required Contract Provi-
sions ah1II not be lncorporaled by reference In any case. The
prime conltlctor sha ll be re1p0n1lble for compllance by any
subcontractor or lower tier aubcootractor with theM Requ ired
Contract Provisions .
J . A bfeach of any ol the 1Upul1tlon1 conLa lned In these
Requ ired Contract Provisions shall be ,ufflclent grounds for
termlnaUon of the contrad.
4. A breach of the following dluaes of the Required Contract
Provisions may 1110 be grounds for debarment II provided ln 29
CFR 5.12:
Sedlon I. ~graph 2;
Section IV , paragrapha 1, 2 , 3, 4 , and 7;
Section V, paragrapht 1 and 21 through 2g.
5. OlapulH arilfng out of the labor standards provisions of
SecUon IV (except paragraph 5) and Section V of thne Required
c:ontract Provlalona ahlll not be aut,fed to the general dispute,
clause of thta contract Such dlapulet shall be relON'ld In acoor-
donoo wllh tho pnx:adum of tho U.S. Deparlmenl of Llbor (OOL)
11 HI forth In 29 CFR 5, e , and 7. OlaputN within the meaning of
thlt dauM Include dlapulet belwNn the contraCW'f (or any of lta
tuboontradotl) end tho oon'11dlng _,cy, ttoo OOL , o, tho
contractor'• ~pk,yNI or their repf'eMnlllltvea.
6. lllecUon of Labor: During the performance of this con-
tract. lhl contractor 1h1II not:
a. dlscrimlnata against labor from 1nyother State, po1111-
alon , or tan1tory of the United States (except for employment
preference for Appalachlan contracts, when 1ppllcable, 11
1pedfled In Attachment A), or
b. employ convict labor for any purpose within the Umlll of
the project unless It 11 labor performed by convldl who are on
parole , 1upervlsed release , or probation .
II. NONDISCRIMINATION
(Applicable to all Federal•ald construction contractt and lo au
relaled subcontradl of $10,000 or more.)
1. Equal Employment Opportunity. Equal employment
opportunity (EEO) requirements not lo dlsaimlnate and to take
affirmative 1cUon to a11ure equal opportunity 11 set forth under
lawa , executive ordera , ru~. regulations (28 CFR 35, 29 CFR
1630 and 41 CFR 60) and orderl of the Secretary of Labof 11
modified by the provl1lon1 prescribed herein , and Imposed
pursuant to 23 U.S.C. 1,0 1haH constitute the EEO and 1pedflc
afflrm1Uve acllon standards for the contr1d0(1 project actlv1Ue1
under this contract The Equal OpportunltyConslrudlon Contract
Speclflcatlon1 tel forth under41 CFR So-4.3 andttMI provlllontof
the American Ol11billlle1 Ad of 1990 <•2 U.S.C. 12101 ll m -l
set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by
reference In thl1 contract. In the execution of 1h11 contract, the
contractor agrees to comply with the following minimum spedflc
requirement actMUe1 of EEO :
a . The contractor will work wtth the SLata highway agency
(SHA) and the Federal Government In carrying out EEO obllga•
lions and In their review of his/her actMUes under the contrad.
b. The contractor will accept II his operating policy the
lollowlng statement:
•1t It the policy of this Company to a11ure that appllcants are
employed , and that employees are treated during employ-
ment, without regard to their race , religion, sex, color,
naUonal origin, 1ge or dl11bHlty. Such acllon 1hall Include :
employment, upgrading, demotion, ortnwfer: reaultmentor
reaul!ment ldvertlalng : l1yoff or termination ; rales of pay or
other form t of compenution; and "'9c:tlon for training ,
Including apprenticeship, preapprentlceshlp , and/or
on-lhei<>b training .•
2. EEO Officer. The coolractor wlll designate and make
known to the SHA a>ntractlng officers an EEO Officer who will
have the reaponalblUty for and must be capable of effectively
admlnltlering and pt0m0Ung an active conlrldOrpmgram of EEO
and who must bl alllgntd adequate 1uthorlty and rnponslblllty
lodoto.
3. D-Uon of Polley: All memblra of tho conll'ld0<'1
staff who 11'1 •uthortz.ad lo hire, luperviM, promote, and
dlacharge ernplo)'NI, or who recommend such action, or'M'IOll'I
subttantlally Involved In auch 1ction, will bl made fully cognizant
Exhibit I -Pagel of9
of, and wm Im plement, the c:ontr1dor'1 EEO pailcy and contrldull
r11pon1lbUIU11 to provide EEO In Nch grade and d11llflC1tlon of
empioymenl To1n1ur1 thlt the above egreement ¥Albemet. the
following 1ct1on1 will be taken 11 1 minimum :
1 . Periodic mtt1Ung1 of 1upervl1o,y end personnel office
employee• wlll be conducted before the 1tlrt of wont 1nd then not
1111 often than on01 every tlx month 1, 11 which tim11 the contrld•
or't EEO policy Ind Ua Implementation will be reviewed Ind
explalned . The mHUngt will be conducted by the EEO Officer.
b. All new 1upervlsory or pertonnel office employen wl be
given a thorough lndodrlnaUon by the EEO Officer, covering all
major 11pecta of the contractor'■ EEO obllg1Uon1 within thirty
days following their reporting for duty wtth the contractor .
c. All personnel who are engaged In direct re0'\Jltmen\ for
lhe project will be ln1tructed by the EEO Officer In the contrador'a
procedur11 fOf ~ ti ng and hiring minority group employee■.
d. N di and posters setting forth the contractor'• EEO
policy will t 1laced in areas readily aceesslble to employees ,
applicants # .imployment and polenUal employeH,
e. The t.e.ntt ~ ... ,.,., EEO policy and the procedures to
Implement such policy will be brought l0 the attenUon of employ-
ees by means of meetings, employee handbooks, or other
app<opriale means .
~-Recruitment: When ldverti1ing f01"employee1 , lheconlrac-
tor wtl1 Incl ude In all advertisements for amployaes the notation :
"An Equal Opportunity Employer.• All such advertlsemenllwlll be
placed In publlcallons having a large drculaUon among minority
group■ in the area from which the project work force would
normally be derived .
a. The conltactor will, unle11 precluded by a va lid bargain-
Ing agreement, conduct 1ystemalic and direct reO'\Jltment through
public and private employee referral sources likely to yield
qualified minority group applicants . To meet this requirement, the
contractor will lde nUfy sources of potentia l minority group
employees , and este.cll1h wtth auch ldanunad source, prooedurea
whereby minority group applicants may be referred l0 the
contractor for employment consideration .
b. ln the eV9nl thaconlractor has a valid barga ining agree-
ment providing for exclusive hiring hall referral 1, he 11 expected lo
observe the provlalona of that agreement lo the extent that the
system penn lts the contractor'• compl iance with EEO conlrad
provl1lon1 , (The DOL h11 held that where Implementation of such
agreemenll have the ef1ect of discriminating agaln1t minorities or
women, or obligalH !he contractor l0 do the 11me, such
Impleme ntation violate, ExecuUve Order 11246, a, amended .)
c. The contractor will encourage his present employees to
refer minority group appl lcanll for employment. lnfonnaUon and
procedure, with regard lo referring minority group appllcanta wlll
be discussed with employees ,
5. Peraonnel Action■: Wages , working condlllons , and
employee benefits shall be eslabllshltd and administered , and
personnel actions of every type, Includ ing hiring , upgrading ,
promoUon, tran1fer, demotion , layoff, and tennln1Uon, shall be
liken without regard to race, color, religion, aex , national orig in,
age or diaablllty. The following procedure, shall be followed :
a. The contrador wlll conduct periodic ln1pectlon1 of
project 1lte1 lo Insure that wortcJng conditions and employee
fadliUH do nol Indicate discriminatory treatment of projed 1fte
personnel.
b. The conlraciof wm period ically evaluate lhe spread of
wages paid within each clas 11flcallon to detennine any evidence of
Exhibit I
dlaulmlnatory wage practices .
c. Thea,nlrac:to,willperlodlcafyreYlow-lJOl'()MOI
action• in depth lo determ ine whelher theft 11 eviden01 of
discrimination. Where evktenca It found, the contraclo( wlll
promptly take oorrecUve action . If the review Indicate, that the
dllCf'irninltlon may extend beyond the actiona f'l\llewed , such
C0fTeCUvl action shall Include all affected persons .
d. The contractor wlU promptly lnveatlgatl 111 complalnt1 of
alleged dl1ctimlnallon mada to the contractor In connection with
hl1 obllg1Uon1 under thl1 contract. will attempt to relOlve such
complalnll, and will like appropriate CCNTedlve action within 1 .
reasonable Ume . If Iha ln\lflllgallon Indicate, that the
dlacri mlnatlon may affect per1on1 other than the compla lnant,
1uch correcttve action shall Include such other person,. Upon
complellon of each lnvHtlgallon, the contractor will ln fonn every
compl1in1nt of all of his ave nue, ol appeal.
6 . Training and Promotion:
a. The contractor will a11i1t In locaUng , qualifying , and
lncre11lng the 1k1ll1 of minority group and women employees , and
appllcanll for employment.
b. Con1l1lenl with the contractor's wont force requirements
and II pennlnlble under Federal and State regulaUon,, the
contractor ,hall make Nil use of training program,, I.a.,
apprenUceahlp, and on -the-job training program, for the
geographlcal area of contrad performance . Where feasibl e, 25
percenl of apprentices or tra lnffs ln each occupation shall be In
their first year of apprenUceshlp or lrllnlng, In !he eV9nl a 1pecla1
provision for training 11 provided under th is contract , this subpara-
graph wtn be superseded as Indicated In the special provision.
c. The L."Qntractor will advise employee, and appllcanll for
employment o'f available training progn1 m1 and entrance
requirements fN each .
d. The contractor will periodically review the train ing and
promoUon polenUal of minority group and woman employees and
will encourage allg lble emplO)"I l0 apply for such tra ining arld
promoUon .
7. Un Iona : II the contractor rellec In whole or In part upon
unions 11 1 source of employees, th!I conlrlctor will use his/her
best efforts to obtain the cooperadon of such unions to lncre11e
opportunities for minority groups and women within the unions ,
and to effect referrals by 1uch unlons of minority and female
employee a. Actions by lhe contractor either directly or through a
contractor's assodaUon acting 81 agent wtll Incl ude the
procedure, set forth below:
a. The contrador will use best efforts to develop, In
cooperation wtlh the unions, Joint training program, aimed toward
qualifying more minority group members a,ld women for
memberthlp In lhe unlon1 and Increasing the 1kHl1 of minority
group employees and women so that they may Qualify for higher
paying employment.
b. The contrador will U!fl bell efforts lo Incorporate an
EEO clause Into each union egree1nent to the end !hat 1uch union
will be contractually bound to refer appllcanll without regard to
their race, color, rellglon , sex, national orlgln, age or dl Hbllity.
c. The contractor 11 to obtlln Information H to the referral
practices and policln of the labor union ucert that to the extent
such Information 11 within the exdullve potMttlon of the labor
union and such labor union refuHI to fumllh tueh Information to
the contractor, the contractor shall so certllyto the SHA and lhlll
set forth what anoru have bean made to obt.lln such Information .
d. In the eV9nl the union 11 unable to provide the contractor
Exhibit I -Page 2 of 9 REQUIRED BY 2 ) CP'R 6)) .1 02
•
•
••
with I reasonable now of minority and women referrals within the
•
lme llmlt set forth In the collectlve barga ining agrNmtnt, the
contractor will, through Independent recruitment effon., nn the
emplo)fflent v1cande1 wtthout regard to n101, color, reflglon , MX.
national origin, age or dltlblllly: making full tffor11 to obtain
•
•
qualified and/or quellftable mlnof'lty group person■ and women.
(The DCL ha1 held thal tl th1II be no IXCUH that the union with
which the contractor has a collective bargaining agreement
provktlng for exclullve referral failed to refer minority ■mpk,)tle1 .)
In the event the union referr1I practice prevents the contractor
from meeUng the obl!~aUon1 pursuent to ExecuUve Order 11248,
11 amended , and these 1peclal provl1lon1, such contractor shall
Immediately noUfy the SHA..
8. Selection of Subcontraetors, Procurement of Mltarl1l1
and Lening of Equipment: The contractor ahall not dlaaimlr'IBle
on the grounds of race, color , religion , sex , national .>rig ln, age or
dlubllity In the selection and retenllon of ,ubc:ontradol'I, lndudlng
procurement of materia l, and leases of equipment.
a. The contractor shall notify all potenUal subcontractors
and suppliers of his/her EEO obligations under th is contract.
b. Disadvantaged bu1ine11 enterprl1t1 (DBE), II defilltd
In 49 CFR 23 , 1h1II have equal c-oportunlty to compete for and
perform 1ubcontrad1 which the contractor enters Into pursuant to
this contract. The contractor will use his best effort.I to sollclt bld1
from and to utilize DBE subcontractors or 1ubconltld0f'I with
meanlngful minority group and female reJ)f9senUltlon among their
employees . Contractors shall obta in llsll of DBE con1tnJClion
firms from SHA personn~.
c. The contractor will use his beat effr.rts to ensure subcon-
tractor compliance with their EEO obligallor,1 .
9. Racorda and Reports: The contractor 1halt keep such
records as necesaary to document compliance with the EEO
requirements . Such records shall be retained for a period of three
years following compleUon of the contract wortt and shaU be
avaflable at reasonable tim es and places fOf lnspedk>n by autho-
rized representauve, of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
( 1) The number of minority and non -minority group
members and women employed in each wort classification on the
project ;
(2) The progre11 and efforts belr:g made In cooperation
with unions , when applicable , to Increase employment opportunl-
Ues for mlnorltlei. and women ;
(3) The progre11 and efforts being made In localing ,
hi,lng, training , qualifying , and upgrading minority and female
e111ploye11: and
(4) The progress and efforts being made In securing
the service, of DBE aubcontradol'I or subcontractors with
meaningful minority aM fttma1a representallon among their
employees .
b. The contractors wltl submit an annual report to the SHA
each July far the dun1Uon of the project. lndlc■Ung the number of
minority, women, and non-minority group empfoyeet currently
engaged In Heh work Clulflc:ation required by the contract work.
Toil Information~ to bo repo,tad on Fonn FHWA-1391 . Won-tho
IOb lrllnlng 11 being required by 1pedal provision , the contractor
viii be required to collect and report training data .
m. NONSEGREGATED FACILmES
(Appllcable to all Federal-aid construction contracts and to all
Exhibit I
related 1ubcontracta of $10,000 or more .)
a. By 1ubml11lon of this bid , the execution of thlt contract
or subcontract. or the consummatlor of INa mlllerial supply egree-
mentor purdiatt order,•• approprilll, the bidder, Federal-aid
conatructlon contradof, tubcontractor, malliri■I auppller, or
vandor, 11 appropfiate , certlfln that the firm doet not maintain or
provide for Ill employee, any aegregated fadlltlel at any of Ill
11tabll1hmenll, and that the ftrm doa1 not permit Ill employees lo
pe rform their Hrvlces 11 any k>caUon, under Ill control , where
aegregated f1dlllle1 are maintained . The Arm agreet that a
breach of thlt certlflcaUon 11 1 violation of the EEO provl llons of
this contract. The firm further certlflts that no employH will be
danled acoe11 to adequate fadllllet on lhe basla of sex Of
disability.
b. lu used In this certlficaUon , the term •segregated
fadlltlea• means any walUng rooms , wor1t are11 , restroom, and
washrooms , restauranll and other eallng areas , tlmeclockt, locker
rooms , and other storage or dreHlng are11 , parking loll, drinking
fol 'ltlln1, reaeaUon or entertainment 1re11, tran1portaUon, and
hous ing fa d llUes provided for employees 'Mllch are aegregated by
explicit dlrecllve, or are, In fact , segregated on the baals of race ,
color, rel!glon , national orig in, age ordlsablllty, because of habit,
local custom , or otherwise . The only excepUon wtll be for the
disabled when the demands for acceulbUlty override (e .g.
disabled parking).
c. The contractor agrees that II has obtained or wlll obta in
ldentlcal certification from proposed subcontractora or materlal
suppllers prior to awari1 of 1ubcontrad1 or consummaUon of
material supply agreement, of S10 ,000 or more and that It will
retain such certlficaUon, In Ill files .
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid con1tnJctlon contracts exceeding
$2 ,000 and to all related 1ubcontract1, except for projects localed
on roadways da11lfled as local roads or rural minor collectors ,
wh ich are exempt.)
1. Ganaral :
a. All medlanlcs and laborers employed or working upon
the site of the wortc. will be paid uncondiUonally and not less often
than once a week and without subsequent deduction or rebate on
any account {except such pa)'J'OII deductions II are permitted by
regulatlon1 (29 CFR 3) Issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 278c)J the full amounll of wages and
bona ftde fringe beneflll (or caah equivalents thereof) due at Ume
of payment. The payment shall be compuler1 at wage rates not
less than those contained In the wage determlnaUon of the
Secretary of Labor (hereinafter ihe wage datermlnalion") Ytilch Is
attached hereto and made a part hereol, regardle11 of any
contractual rel1Uon1h lp wh ich may be alleged to l'Xltt between the
contractor or Ill aubcontractora and such labontrt .:nd mechanics.
The wage determlnallon (lndudlng any add lUonal da11lficatlon1
and wage rates conformed under partgraph 2 of this Saction IV
and Iha OOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and Its subcontradora at the
site of the work In a prominent and accenlblt place where II can
be @asUy teen by the worttera . For the Plf'POII of this Section ,
conlr1butlon1 made or co1ll reaaonabty antldpated for bona fide
fringe beneflll under Section 1(bX2) of the Davis-Bacon Act (40
U.S .C. 276a) on behalf of laborers or mechanics are considered
wages paid to auch laborers or mechanics , subject to the provl-
slona of Section IV, paragraph 3b, hereof. Also, for the purpose of
this Sec:Uon , regular contrlbuliona made or 00111 lna.lfred for more
than a weekly period (but not le11 often than quarterty) under
plans , fundt, or program,, which cover the partlcular weekly
period, are deemed to be constructlvety made or Incurred •_, .:'"0
such weekly period . Such laborers and mechanics ahall be paid
the appropriate wage rate and fringe beneftta on the wage
Exhibit I -Page 3 of 9 REQUIRED BY 23 CF'R 63) .102
detennlnatlon for the da11lficaUon of wor1I. actually performed ,
without regard to 1kU1 , except H provided In paragraph,• and 5
of this Section rv,
b. Labor1r1 or mechanics perfonn lng work In more than
OOI dHtlflcatlon may be compen .. ted II Iha rate apedfled for
Heh dHalfl catlon for Iha time 1clu1lly W0fMd therein. provided,
that Iha em~• payroll recotdl accurately HI torth tha time
1penl In each dasslflcaUon In which W0fl( 11 performed .
c. Al l ruUng1and lnterp;etation1oftheOIYI .. BaoonAdand
relaled ada contained In 29 CFR 1, 3, and 5 are herein lncorpo-
ralc.-d ty reference In 1h11 ccnttad.
2. Clasalflcatlon:
a. The SHA contracting officer ahall require that any d■11
of labor•" or machanlcs employed under the contrad, wh ich 11
not li sted In the wage det "'fm lnation , shall be dHllfled In
conformance with the wage determination .
b. The contradlng officer ,hall approve an addlUonal
dasslficatlon, wage rate and fringe benefits only when the
following crileria have been met:
(1) the WC<I< lo be pertormed by the llddlllonal
c11 11lflcaUon requested 11 not performed by a daHlflcaUon In the
wage determlnaUon ;
(2) the addi tion■! da11lflcatlon 11 utilized In the area by
the constn.Jctlon Industry:
(3) the proposed wage rate . lnd ud lng any bona fide
fringe benefits, baa" a rusonabMt relationship to the wage rates
contained In the wage determination ; and
(") with rasped lo helpe,.., 'Nhen such a d111lflcaUon
prevails In the area in which the wo~ 11 performed .
c. If the contractor or subcontractors , 11 appropriate , the
laborer. and mechan ics (if known) to be employed In the addition·
al cla 1alflcatlon or their repreaenlatlvn, and the oontrading officer
agree on the d11slflcatlon and wage rate (lndudlng the amount
d11lgnated for fringe benefltt1 where 1ppt0priate), 1 report of the
1cilon taken lhaU be M"nt by th..., contracting offlc:er to the DOL ,
Adm lnl1tr110t of the W~ and H :,ur Olvilk>n, Empk))ffllnt Slln•
dlrdl Admlnl1tr1tlon , Walhln(llon, o.c. 20210. The Wage and
Hour Admlnlstratot, or an luthortzed repreHnlallve, wlll approve,
modify, o, dl,.pprow. every llddlllonal daufflcallon adlon whh ln
30 dlya of nteelpt ant: 10 adviH the contracting officer or wtll
noUfy the contracdng o~r within the 30-day period that
add lUonal Ume 11 necell■I)',
d. In the event the contractor or 1ubcontradorl, H appro-
priate. the laborers or mechanlca to be emplo)f9d In the lddltlonel
da11lflcatlon or ~r reprnentativ11, and the contractlrg officer
do not ag rN on the propo1ed dlulflcatlon and v. ·:ge rat■
(lndudlng the amount de1lgnated for ft1~ benefttl, where
1ppropri1te), the contracting offloer ahaU refer the que1t1on1 ,
lndudlng the views of ell lnllnt11ed parties and the recommend■•
tlon of the contracting officer, to tne Wage and Hour Admlrntrator
for dellm,lnalk>n. Said Admlnlatrator, or an authoriied reprnen.
!alive, will l11ue I dellrmln1tlon within 30 dl)'I of receipt and 10
ldvi N the contracting officer or wtll noctfy the contracting officer
within the 30-dly period tha l 1ct1Nonal time 11 neceuary
e. The wage rate {Includ ing lt1"Vf. beneflll where approprt.
ate) determined purauant lo paragraph 2c or 2d of ttvt Section rv
1haU be paid to Ill wo,1(9111 petformlng wol1l In the a,.,d!Uonal
d111lflcatlon from the flr.t day on which wo~ 11 pertom,ed In the
d111lffcatlon .
3. Payment or Fringe Beneftta:
Exblblt I
a. Whenever the minimum wage rat■ preaaibed In the
oon~d~--~-0(-Q~Udo .. fltngo
beneflt Yltllc:h 11 not exptNNd a11n hourty rate, the contractor or
subcontrac:ton , n 1pproprtall, 1h11 either P1Y the benefit 11
1tated In the wage determination or lhall pay another bona fide
ft1nge benefit or an hourty caH equivalent thertof,
b. lf the contractor Of IUbc:Onlrlctor, II appropriate , doe•
not make paymenll 10 1 tru ■lN or other third per.on, he/1ha may
conalder •• 1 part of the wagn of any laboref or med'lanlc the
amount of any 111 raa■onabty anUclpated In providing bona l'de
fringe benefltl under I plan or program , provided, that the Stcre--
llry of Labor ha■ found, upon the written requnt of the contrador,
thal the appllcabll 1tandlrd1 of the oav1,.eacon Aet have been
met The Seaetary of Labor may require the contractor to HI
aside ln 1 ■eparate account 11aell for the meeUng of obllg1tlon1
under the plan or program ,
•· Appr1ntlce1 and TralnNI (Progrsma of th• U.S . DOLi
and H1lpera:
a. ApprenUces:
(1) Apprentice, will be pennlllld to work at 1111 than
the ~lennlnod rote~ lhe WC<l< lhey pertonned wnon they ..
emplo)f9d pu,..u,nt to and lndMdually regl11ered In a bona tide
epprenUcelhip program reglttered with the OOL, Employment and
Trsln lng Admln l1tratlon , Bureau of Apprentionhlp and Training, or
with I Stall apprenUcelhlp agency recognized by the Bureau, Of If
a person 11 employed In hlllhet' ""I 90 dlya of probationary
employment as 1n apprenUce In 1uc:h an apprenticeship program ,
who 11 not Individually rogl1tered In the program , but who h11
been certlRed by the Bureau of ApprenUceahip and Training or•
State apprenUoelhlp agency (where appropriate) 10 be eligible for
probationary employment II an apprenUce .
(2) The allowable raUo of apprenuce, to Journeyman•
level employee, on the }ob tlte In any aaft dl11UlcaUon 1h1II not
be gftlaler than the ratio pe1mltted 10 the contractor II to the
enHre wortc. force under the registered program . Any employee
lilted on a payroll at an apprenUce wage rate , who 11 not regl1•
tered 04' otherwlH empklyed 11 1taled above , 1h1tl be paid not
1111 than the appltcable wage rate li1ted In the wage detennln■•
Uon for the cla11lflcallon of wort( ac:tually performed. In addition ,
any 1pprenU01 performing wortt on the Job tlte In exces, of the
rsuo pennltted under the reglatered program 1h11 be paid not Ian
than the apptlcabll wage rate on the wage detennlnaUon for the
W0fl( actually performed . Where I contractor or subcontractor 11
performing con1ttuc:tion on I Pf0ied In I k>catlty other than that In
which Ill program 11 reglstared, the ratio• and wage rat■, (1x-
pre111d In percenlaget or the }oume)fflln-level hourty rate)
speclfled In the cootractor'1 or ■ubcontrac:tor'• registered program
lhollbeoblorved,
(3) Every apprentice mu1I be paid at not IHI than Iha
rate sped fled In the regi1tered program for the 1pprenUoe'1 level
of progre11 , ppr11ued II a pen::entagt of the ~meymanJevet
houl1y rote 1pecltled In the oppllaoble woge determlo•llon .
Apprentices 1h1II be paid fringe beneftll ln accordanoe 1·.ith the
pl'Ovilk>n1 of the apprenUceahlp pn:,gram. If the 1pprer1tic:eahlp
program doe1 not 1ptdfy fringe beneflll, 1p;>renUce1 mu1t be
paid the full amount of fringe t.eneftll ll1ted on the wage determl•
nation for the appllcab:e dlufflcltlon. If the AamlN1trator for the
Woge ond Hour DMulon -.Olne■ that o dl,,-.,..t proctico
prevall1 for lhl appllcaNe apprentice claulflc■llon , frtnge1 1h11
be paid In aec:ordanCfl wtth that detennlnaUon .
(41 In the event tho ButNu of ApplonUcolhlp ond
Training , or I Stale apprenticllhlp agency recognize d by the
Bureau , wtthdraw1 approval of an apprenUcelhlp program , the
cootraclor or 1ubcontractor wlU no longlt' bl pennttted to utlllz.e
1pprenUce1 at te11 than the appllcabll predetermined rall for the
Exhibit I • Page 4 of 9 REQUI RED BY 23 CFR 633 .102
•
•
•
comparable wort( performed by regular lffl?O)'N1 until an accept•
• 1ble program 11 approved .
b. Trainees :
(1) Excepto1 provided ln29CFR5 .18, -wll not
be permitted to work at •• than the predetermined rate for the
work performed unleu they are employed pur1uanl to and
lndlvldually regl1tered In a program which h11 received prior
approval, evldanoed by fonnll certlftcaUon by the OOL ,
Employment and Training Admlnl1tr1Uon.
(2) Toe ratio of trainee, to Joume,man-level omployeo1
on the job 1lte 1h1U not be greater lhlin permitted under the plan
approved by the Em~nt and Training Aclmlnl1tr1tion. Arly
employee lilted on the payn,11 at a tranee rate who la not
registered and participating in a training plan approved by the
Employment and Training Admlnl1ltlllon shall be paid not 1111
than the applicable wage rate on the wage datermlnaUon lor the
cl1111ftcatlon of work actually performed . In addlUon , any trainn
perlonning work on the job site In exce11 of the ratio permitted
under lhe reg istered program 1h1II be paid not le11 than the
appllcable wage rate on the wage determination for the work
adually performed .
(3) Every tralnN must be paid at not less than the rate
apedfled in the approved program for his/her level of progre11 ,
exprenod as a percentage of the journeyman-level hourly rate
apedfMtd In the applicable wage determination . Tralneet aha II be
paid fringe benentt In accordance 'Nlth the provt11on1 of the
trllnN program . If the trainee program doet not mention fringe
benefits , trainees 1hall be pa id the full amount of fringe beneftll
listed on the wage delennln1tlon unlets the Admln l1tnltor of the
Wage and Hour Dlvl1k>n determ ines that there It an apprt'lUc.
ship program a,IOdated with the correl.x,nding}oumeym11H8YII
•
Vlge rate on the wage determination which provides for 1011 than
full fringe benefit.I for apprenUC61 , In wh ich case such trainees
shall receive the qme fringe benefit.I a, apprenuce,.
•
(4) In the t ve11t the Empklyrnent and 'raining
Administration withdraws approval of II training program , the
contractor Of ou~ntraelor will no longer be permitted lo utll l:e
trainees at less than the applicable predetermined rate for the
WOl'k performed unUI an acotplable program 11 approved.
c. Halpert:
Halpert will be permitted to wor1t on a r roject If the
helper daulflcation is 1µedned and defined on Ute applicable
wage determln1tlon or 11 approved purtuan~ to the confomiance
procedure nt forth In Section IV.2. Myworl;erll1tei ona payroll
at a helper wage rate. who la not a helper unde : a approved
dannltlon, 1hal1 be pak1 not le11 than the appllcao1a wage rate on
the wage determlnaUon for th, .,ja 111flcatlon of work actually per•
formed .
5. Appnntlce1 and Trainees IProgram, of thl U.S. DOT}:
Apprentices and tnlnee, worttlng under 1pprentlce1hlp and
skill tralnlng program, which have been certified by the Se0'9llry
of Transportation II pn:moting EEO In connection wtth Fedeniril•
aid Mghwly con1tru~ program, are not 1ubi9d lo 1he requ ire-
ments of paragraph 4 of this Section IV . Thi straight time hourty
wage ratn for approntice, and ti.nee, under 1uch program, 'Nill
be Htabhhed by 1he patlcular program,. Thi ratio of apprenUc-
Hand lralneet to}oumtymen 1haU not be greater than pennltted
by 1he '9rm1 of lhl pertbJlar program .
8. wtthholdlng:
The SHA lhall upon ltl own action or upon 'Mftlen request
of an authorlzld repreMnlltive of lhl DOL withhold , or CIUM lo
be withheld , from the contractor or subcontractor under 1h11
Exhibit T
contract or any other Federal contract with the ume prime
contractor, or any other FederaHy-,a1st1ted contract aubttd, to
D1vl1-Blcon prevalllng wage requirements which 11 held by the
umt prime contrldor, ■1 much of the accrutd payments or
advanc:et II may be conaidel'ed neceuary to pay llborerl and
mechanics, lndudlng 1pprenUce1, tralnen, and helpers, e,n.
pklyed by the contractor or any 1ubcontra:tor the full amount of
wages required by the contract. In the event of failure to pay any
l1borer or mechlnlc, lndudlng any apprentlot, tralnH, or helper,
employed or WOltlng on the 1111 of the 'l«n, all or pert of the
wages required bylhe contract, the SHA contracting offl09f may,
after written notice to the conlrlctor, take aud'I action II may be
necessary to caun the 1u1pen1lon of any further payment,
advance, or guarantee or funds untll 1uch vlolltlon1 have ceased.
7 . OYertlrne Requftmentl:
No conlrlctor or subcontractor contracting for any part of
ihe contract woftt which may require or Involve the employment of
la bore rt, mechanics , watchmen, or guatdl (lndudlng apprentices,
trainees , and helpert described In paragraphs • and ~ above)
shall require or pennlt any II borer, mechanic, watchman , or guard
In any W0l'kweek Jn which he/she 11 employed on such work, to
wortc. In 11tce11 of •ohoura In such wor1cwNkunl111 such laborer,
mechanic, watchman, or guard recelvet compen1aUon at a rate
not 1111 than one-and-one--hatf Umes hit/her basic rate of pav for
all houri wortc.ed In exce11 or 40 hours In such workweek.
8. VlolaUon:
Uablltty for Unpaid Wages; Uquldated Damages: In !he
s-11nt of any violation of the d1un 111 forth In paragraph 7 above ,
the contractor and any auboontractor rnpon1ible thereof lhlll be
Uable l!l the affedecl employee for hl.n. unpaid weges. In
addition, such contractor and 1uboonlrlctor shah be ll■ble lo the
Unllod Slltet {ln !he case of WOl'k done under contract for the
Oi1trtct of Columbla or a tel11tory, to such Dl1trtct or to such
temto,y) fo, llquldoted domoge1 , Such llquldoted domoge, lholl
be computed with rasped to each lndlvldual laborer, mechanic,
watchman, Of guard employed In vlol1Uon of the dluM Mt forth 1n
paragraph 7, In the ,um of $10 for each calendar d1y on Vt'hldl
such employee was required or pem,lttad to work In 1xce11 of the
1landard work week of •o hours without p1)fflent of the overtime
wagH required by the daun 11t forth In paragraph 7.
9. With holding for Unpold WOgn ond IJquldotod Domlgff:
The SHA 1h1II upon Ill own aeuon or upon written req~•l of
anyaulhoriZed representative of theDOL withhold, o, c■UNIObe
w:lhheld , from any monies payab6t on ICCOUftl of wo,tt pe,formed
by lhl contractor or aubconlrlictcr undef any IUCft contract or any
other Federal contract wtth the tame prime contractor, or any
other Federatly-111l1ted contract 1ubfect 10 the Contract Wortc.
Hourt Ind Slfety Standards Act. whk:h 11 hlkt by the l■mt prime
contractor, such 1um1 ■1 may be doterm4ntd 10 be neonu,y 10
ut11fy any llabllltie1 of such contractor or IUXOF'lndorfor ll,p■id
wage, and Hquldated damages II provided In the daute Mt fortl
In PlflOraph 8 lboYe ,
V. STATEMENTS AND PAYROLLS
(AppllcaNe to 111 Federal-aid conttrudlon contracta exCNdlnQ
S2,000 and to all retated 1ubc:onnc:ts, ••CIIPI tor PfOllcll kx:ated
on roadways clllllfttd II k>cal road• or rural c:olllclorl, w.t1lictl ..
exempL}
1, C-!toncowllh Copoilnd ~ (21 c,11 S):
Too oantra,.,. lhoN oomply with tho Copolonlt Rogulotlanl of
lhoSecnotoryofLoborwhlchore_,_odby,_,
2 . Poyrofhl and Payroll Roconto:
Exhibit I • Page 5 of 9 REQUIRED BY 23 CPR 6]] .102
a, Payrolls and b11lc record• re l1tlng thereto shall be
ma lnt.a lMd by tht contrlctor and each 1ubcontrador during the
courH of tht WOl1t tnd prettrVed for I period of 3 )'elrt from the
11 ■ll of :ornplet!on of the contrad fOf' all laborers , mtdlanlca ,
appre"llk:et, tralntHlt, watchmen , helpen, and guard ■ working at
thl alte of the WO! k.
b. The ,,ayrofl recordt ■hall contain the name , aoclal
HO.Jrity number, 100 addrett of eadi 1udi dfflploy11 : hla or her
corntd d111lficatlon : hourtyrale■ of waoe■ paid ~ndudlng r1te■ of
conlributlon1 or coat.I anUdpated for bona ftde fringe beneftt■ or
Cllh equlvl'8nt thereof th• type• detcr1bed In Section 1(b)(2)(8)
of the D1vl1 Bacon Act); dally end weekly number of hour1
worked ; deduction, made : and actual w.;11 paid , In addition , for
Appalachlan contracts, the payroll record, thall contain a notation
indicating whether the employee doet, Of' doet not, normally
res ide In the labor area II defined In Attachment A, par1g111ph 1.
Whenever the Secretary of l..,bor, pursuant to Section IV,
paragraph 3b , hat found that ltltt wauea of any laborar Of'
mechanic In dude the amount of an)· co,~ reatonably anUdpaled
in provid ing btnefilt uNter a plan or program described In Section
1(b)(2 )(8) of lhe Davit Bacon Act. the corrtractor and ea ch
tubconlrld or thaU maintain reconit whlch thaw that the commit•
ment to provid e such benefits It enforceable , thal the plan or
program It linandally re1pon1lble , that the plan Of' program h11
been commun icated In writi ng to the laborers Of' mechanlca
affeded, and t how the cot l anUdpated or the actual coat lnoJIT9d
In providing benefits , Co ntrac:ors Of 1ubcontractor1 employing
appren uce, or tra lnfttt under approved program, thall malntaln
written evidence of the reg lttraUon of apprenUcet and tralneet,
arid raU01 arid wage ratet pre t cribed In the applicable program,.
c, Eaeh contractor and 1ubcontrador shall furn ish, each
we,,k in which any contract wor1t 11 performed , to the SHA relktent
eng ineer a payroll of waget paid each of Ill employees (lndudlng
apprenl!cet, trainee,, and helpert, detcribed In Se ction IV, pare-
graph t 4 and 5, and watchman and guard, engaged on wor1t
du ring the preced ing weektypa)'l'Ofl period). The payroll submitted
shall HI out accurately and completely all of the lnformaUon
requ ired lo be mainta ined under paragraph 2b of thlt SecUon V.
Thia lnformaUon may be aubmltted In any form de t ired . OpUonal
Fom, WH-:47 11 ava ll able f0rthl1 purposa and maybe purchased
from the Superintendent of Documents (Federal tlock number
029-00~14•1), U.S. Government PrinUng Office , Washington,
D.C. 20402 . The prime contrador 11 re1pon1ible fOf the tubmlt •
elon or copies of payroll• by all 1ubcontractort.
d. Each payroll submitted ahall be accompanied by a
·statement of CompUance , • t igned by the contradOf' or tubcon -
tra ctor or his/her agent who pays or supervises the payment of !J1a
person, employed under the contrad and thall certify the foflow-
lng :
(1) that the payroll for the payroll period contain• the
Inform ation required to be ma intained under paragraph 2b of this
Section V and that tuch Information Is co ned and complete ;
(2) that such laborer or mechanic (in d udlng each
helper, apprentice, and lrllnee) employed en the contrad during
the payroll period has bean paid the full weekly wage, tamed ,
without rebat,, either directl y or Ind irectly, and that no deductions
ha ve been mJde either directly or Ind irectly from the NII waget
earned, other than perm lu lble dedudk>n1 11 tel forth In the
RegulaUont , 2\1 CFR 3;
(3) that eadi laborer or mechanic hat been paid not
~• that the appllcabll w1g1 rate and fringe banlfttl or cuh
equlvalentl0fthed1111tk.ationofwor1taclptrlonned,utpedflad
ln the appllcab'-wage determination lnco,po,ated Into the
conncl
•· The weekly 1ubml11lon of a property executed certllica-
Uon HI forth on the rt\111rse tide of Optional Fonn WH ,347 thall
Exhibit I
11Usfy the requ irement for 1ubm i11lon of the •statement of
Com pliance• requited by parag ra ph 2d of thlt Section V.
I. The fa lt lficatlon of any of the above cert1ncat1on1 may
aubject the contractor to civll Of criminal p,oaecution under 18
U.S.C. 1001 and 31 U.S.C. 231 .
g. The contractor or 1ubcontrad0r shall make the recordt
required under paragraph 2b of 1h11 SecUon V avallablt for
Inspection , copying , or tran1crtptlon by authorized repre■entltivet
of the SHA. the FHWA, or the DOL , and 1hall permit auch repre•
11nt1Uve1 to Interview emplo)'NI during working hours on the job.
If the contrador or 1ubcontr1ctor faila to submit the required
record, or to make them available , the SHA, the FHWA. the OOL.
Of au may, afterwr1ttan nouce to the contrldor, tponlOC', applicant.
Of owner, take tuch action, 11 may be nece111ry to caute the
1u1pen1lon of any further payment, advance, or gua111ntee of
funds . Furtherm0f8 , fa llure to submit the required reconS 1 upon
request 0< to make 1uch record• avallable may be grounds for
debarment adlon pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIAL•, SUPPLIES, AND LABOR
1. On all Federal -aid contract, on the National Highway
System , except those wh ich provide aolely for the ln1tallaUon of
protective device, al rallroed grade cro11lng1 , thoaa which are
c:onstructad on a force account Of dire d ltbor batlt , highway
beauUflcatlon contrac:IJ , and contracta for which the loll\ final
constru cti on cot! fOf roadway and bridge It laH than $1 ,000 ,000
{23 CFR 635) the contrac!..r shall:
a. Become famUl ar with the 1111 of specific materi al s and
suppl1es conta ined In Form FHWA-47 , •statement of Materi al,
arid Labor Uted by Contrador of Highway Con1tructlon Involving
Federal Fund,: prior to the c.Jmmancement of wortt under thlt
conlract.
b. Mainta in a record of the total cost ol all material, and
supplies purchased f0< and Incorporated In the wor1t , and 1110 of
the quanUUe1 of thote tpedfic m1teri1l1 and tuppllet li sted on
Form FHWA-47 , and In the units thown on Form FHWA-47.
c. Furnlth, upon the completion of the contract, to the SHA
1111dent eng ineer on Fonn FHWA-47 together wtth the data
required In paragraph 1b relative to materials and 1uppllea, aflnal
labor tummaiy of all contrad wor1t lnd lcaUng the total hourt
wortted and the total amount earned .
2. Al the prime c:ontradC'r't opUon , either a single report
c.overtng all contract wor1t or Hparate reports for the contractor
and for eadi IUbcontrad than be 1ubmltted .
VII. SUBLETTlNG OR ASSIGNING THE CONTRACT
1. Tl:e contractor shall perform with Ill own organ ization
contrad wor1t amounUng to not lest than 30 percent (or a greater
percentage If 1pe d fied elsewhere In the conlrld) of the total
orig inal contract price , exdudlng 1ny1pedattyftem1 detlgnatad by
the State , Specialty ltamt may be performed by 1ubcontract and
the amount of any such specialty Item, performed may be
deducted from the total origlnal c:ontrad price before compuUno
th e amount of wor1t required to be performed by the contractor',
own organ ization (23 CFR 635).
a. •111 own 0<gan1zauon• ahall be conttrued to lndude only
workers employed and pa1d dlredty by the prime contractor and
equ ipment owned or rented by the prllne contr■dor, with or
without operatr;rs. Such term doet not lndude employee• or
equipment of a tubc:ontractor, 111lgnee, or agent of the prime
contractor,
b. ~ipedatty Item,• thliU be con1trued to be Hmlted to
wor1t that require, hlghty 1ped1Uzed ~'lOWledge, abmt1t 1, or
Exhibit I • Page 6 of 9 REQU I RE D BY 2 3 CPR 6 Jl , 102
•
•
•
•
•
•
equipment not CH'dlnatity 1v1ll1ble In the type cl contracting
,r;anlzaUon1 quallfktd and expected to bid on the contrld 11 1
~ and In general ■l'I to be Hmlled to minor components of the
ovtrall contract.
2. The conlnld amount upon which the requlremtntl set forth
In paragraph 1 of Section VII la comptJled lndude■ the coat of
material and manufactured product, which are 10 be purchlaed or
produced by the contractor under the contract prcvl 1lon1.
3. The contractor ahlll fumlah (1) 1 competent superintendent
or aupervllOI" who 11 emp0yed by the ftnn , hat fuU authority to
dired performance of the wor1t In accon:tance with the contract
requ irement&, and la In charge of all conatruction operation,
(rog1rdle11 of who performs the wor'lc) and (b) auch other of lt1
own Ofg■nlutional re10urce1 (1upervl1lon , man1gament, and
engineering services) 11 the SHA contractlno offlc:efdeterm lnea 11
nete1ury to 111ure the performance of the contract.
4. No portion of the contract ahall be sublet, assigned or
otherwise dlapoaed of except with the written consent of the SHA
contracting officer, or authorized representative , and 1udl consent
when given aha II not be conatrued to relieve the contractor of 1ny
responslbl llty for the fulftl ment of the contract. Written consent
wm be given only 1fter the SHA hH HSUred thal e■ch subcx>ntnld
11 evidenced In Wf1Ung 1nd 1h11 It contains eU pertinent provisions
arld requirements of the prime contnlct,
VIII. SAFETY: ACCIDENT PREVENTION
1. In the perfonnance of lhls contract the contractor shall
comply wtlh 111 applicable Federal , State, arld local laws governing
salety, hea lth , and Hnltatlon (23 CFR 635), The contractor shall
provide all safeguards, 11fety devices and protective equipment
arld take any other needed acUons 11 It detennlne1 , or as the SHA
:onlractlng officer may detenn lne , to be reasonably neceasary lo
prolect the life and health of employees on the job and the safety
of the public and to protect property In connection wtlh the
performance of the work c.overed by the conlract.
2. II 11 a condition of thl1 contract, and 1haH be made a
condlUon of each 1ubcontract, which the contractor enters Into
purauant to thl1 contract, Iha! the conll'ldor and any 1ubc:ontrador
1h1H not pennll any employee , in perlonnance of the conlrlct, lo
wortt In 1urrounding1 or under condlllon1 wh ich are un u nitary,
haz.ardou1 or dangerou1 to hit/her health or safety, 11 detenn lned
under con1trucUon safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, In accordance with
Section 107 of the Contnlct Work Houra and Safety Standard 1Ad
(40 u.s.c. 333).
3, Purau■nt to 29 CFR 1926.3, It 111 condiUon of this conlract
that the Secretary of Llbor or authorized repreaentaUve thereof,
shall have right of entry to any site of contract perfonnance to
Inspect or Investigate tht matter of compl lance wtth the con1truc•
tlon 11fety and hearth 1tlndard1 and lo cany out the dutle1 of the
Secretary under Section 107 of the COntract Work Houra and
Safety Sland1rd1 Ad (40 U.S.C. 333).
IX. FAI.SE STATIMINTI CONCERNING HIGHWAY
PROJECTS
In order to 111ure !ugh quality and durable 00n1tructlon In
conlom,lly with appro,ed plans lad 1pedftc:alfon1 ond I high
degree of f'ltlablUty on 1Ultemenll and repr■Hntalk>n1 made by
englnNrl, contractDrt , IUppllel"I, end WOft.etl on FlderaHld
hlg-y f)!Ojldl, 1111 NH11lill 1h11 II pnon■ concemodwfth the
pn,joct l)llform lhefr function■ II Cll9fufly, lho!Oughly, Ind
'lonntly II po1albll. WIilfui falttflcallon , dl1tortion, or ml1repre-
Hntltion wf1h rnped to any facll f'Nlled lo the protect II I
violation of Federal law. To PfllYenl Ill)' ml1undentandlng
regarding the 11riou1nea1 of lhHI Ind tlmllar acll, the fotlowlng
notice 1h1U be posted on each Flderal-lld highway project (23
Exhibit I
CFR 635) ln one or more place a wh1re It 11 readily av■ll1~ lo alt
peraon1 ooncemed wtth the proJlc:l:
NOTICE TO AI.L PERSONNEL ENOAOED ON FEDERAL-AID
HIGHWAY PROJECTS
18 u.s.c. 1020 re ■dl II followa :
"'Nholver, being 1n omctr, ,gent, or employee or tM Unltff
St1t11, orol 1ny Stet• ot Terrlto,y, or whoever, wheth1r • per,on,
1uoc/1tlon, nnn, or corporatJon, knowingly m,k., ,ny f1/11
st1tement, 1,111 rep1es1nt1tlon, otf•I• report II to the CMr■der,
quality, qu1ntlty, orG01tof th1 m1rtrl1I uwJ orto be uMCI, ortM
q u■n'lty orqu1/ltyofthe worlc performed ortobl ,,.,tormed, orlhe
cost 1n1reor In connection with lhe .ubmlsl/on of pl1n1, m1p1,
spK/fle1tlon1, contr1 cts, or colts of conlltuctlon on 1ny h/ghw1y
or related ptO}tct submitted for approval to t'?t Secretary of
Tr1nsport1tlon; or
Whoever knowingly mikes any Iii• ,t1tem1nt, r,1,.
rtpresant1tlon, false report or false dalm wfth respect to the
ch1r1ct1r, quality, qu1ntlty, orcostofanyworlfperfotmedortobe
perlonned, or materials fum lshed or to be fum /Jhed, In connection
with the construction of any hlghwey or n,f1tld p,o)lct approved
by the Secretary of Tr1nspot11tlon ; or
Whoever knowingly makes ,ny f-,/11 1t1tement or f1/s1
rep1&J1nt1tlon H to meterlef f1cl In any stetement, certfflcate, or
report submitted punuent to pro visions ofth1 Federal-aid RoMfs
Act epproved July 1, 1916, (39 Slet. 355), as emended ■nd
supplemented;
Shall be fFned not more thet $10,000 or Imprisoned not more
lhan 5 year, or both,·
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(AppHcable to all Federal -aid con struction contracts and to all
related 1ubcontr1ct1 of S100 ,000 or more ,)
By submlnlon of this bid or the execution of thl1 contract, or
1ubcontract, 111pproprialt, the bidder, Federal-aid con1trudlon
c:ontrlctor, or 1ubc:onlractor, 11 appropriate , will be dee mad lo
have 1Upulatad II foUowa:
1. That any fad ll ty that 11 or wlll be utlllzad In the perfonn1nce of
thi1 contract, unle11 such contract 11 exempt under the Clean Air
Ad.. 11 amended {42 U.S.C. 1857 llyg,, •• amended byPub.L.
91-604), and under the Federal Water Pollution Control Ad, 11
,mended (33 U.S.C.1251111111 .. 11omendod byPub.L 92-500),
Executive Order 11738, and regul1Uon1 In Implementation thereof
{40 CFR 15) 11 rlDI ll1ted , on the date of contract award , on the
U.S. Envlronmenlal Protection Agency (EPA) u,t of VlollUng
FaclUtlet purauant lo 40 CFR 15.20.
2. That the flnn agrH1 to comply and remain In compllance wlu,
an the requirements or Section 114 of lhe Clean Air Act and
Section 308 of the Federal Water Pollutlon Contr~ Act and au
regul1Uon1 and guidellnet Hated thereunder.
3. That the ftnn shall promptlynoUtythe SHA of the receipt of any
communication from the Director, Office of :=edll'III ActlvlUet ,
EPA, Indicating that a; facfflty that 11 or wltl be utlllzed for the
contract It under conalderatlon to be U11ed on the EPA Wal of
Vfof1Ung Fldlltil1.
4, That the flnn 1grw1 to lndude or cause to be Included the
requlrementa of paragraph 1 through 4 of thl1 SedSon X In every
nonexempt tubconfrlct. end further agrwt to taku tuch action 11
the government may direct II a mean, of enforcing such
requlrer.-!dt1ll.
Exhibit I -Page 'I of 9 REQUIRED BY 2] CFR 6]3 .1 02
XL C!RTFK:ATION R!OARDINO DHARMENT,
IUIP!NIIOI
IN!UO■ILITY AND VOLUNTARY !XCLUIION
1. ln1tructJon1 for Ctrttflcatlon • Primary Covered
TranHctlona:
(Applicable lo 111 Ftder■l-old con"°dl • •& CFR 29)
I, By signing and submitting this propoul, the prospective
primary partldpanl 11 pn,vldlng the certlflcatlon NI out below.
b. The lnabHlty of a person to provide the certlftcaUon HI
out below wm not ncicenartly result In den Ill of participation In this
covered tranuctlon , The prospective partldpant shall 1ubmlt an
exptanatlon of why It cannot provide the certfflc:ltion Mt out below.
The certlflcation or explanation will be considered In connection
with the departmenl or 1genc:y'1 determlnaUon whether to enter
Into thla tranuctlGn . However, fallure of the prospective primary
participant to fuml1h a certification or an e,cplanatlon shell
dlaqualify suet, 1 person from partlclp,Uon In this transaction .
c. The certification In this clause Is a matertal
representation of fact upon Ymlch reliance was placed when the
department or agency determ ined to enter Into this tran11ctlon . If
II 11 later determined that the prospective primary participant
knowlng ty rendered an erroneous certlflcatlon, In addition to other
remedies 1vallable to the Federal Government. the dlpattment or
agency may terminate this tran11ctlon for cause of defau1I.
d. The prospective primary partldpant 1haH provide lmmedl•
ate written notice to the department or agency to whom this
proposal 11 submitted If any time the prospective primary partlcl•
pant lea ms that Ill certiflcatlon was erroneous when submitted or
has become erroneous by re11on of changed circum1tance1 .
e. The terms ·covered transaction ,• "de barred,"
·suspended," •inellglble,• iower tier covered transa ction."
"participant,• "person ,· •primary covered tranuctlon ,· "principal,·
"proposal," and -VOiuntariiy exciuded," 11 used In this dausc, have
the meanings set out In the Definitions and Coverage aec11ons of
rules lmplementlng Executive Order 12549. You may contad lhe
department or agency to which this propoul 11 1ubmltted for
a11l1tance In obta ining I copy of thou regutatlons .
f. The prospective primary participant agrees by submitting
lhlt propo11I lhat, should the proposed covered transaction be
entered Into, It shalt not knowingly enter Into any lower Uera>vered
tranncllon with a person who 11 debarred, 1u1pended, declared
lnellglble, or voluntarilyexduded from partldpatlon In this covered
tranuctlon, unle11 aulhorlzed by the department or 1gency
entering Into this transaction,
g. The prospective primary participant further agrees by
submitting th is propoaal Iha! It will Include the clause tilled
"Csrtlftcatlon Regarding Debarment , Suspension, lnellglbl1Ily and
Voluntary Exduslon-Lower Tler Covered Tranuctlon, • provided by
the department or agency entering Into thla covered trannctlon,
wtlhout modification , In all lowor tier covered transactions and In
111 sollcitatlon1 for lower tier covered transactions.
h. A participant In ■ covered tranuctlon may rely upon a
certlftcallon of a prospective participant In a lower lier covered
tranaactlon that Is not debarred, 1uspended, lnellglble, or volun•
tartly axciuded from the covered trannctlon, una.11 tt knows that
the certification It erroneou1, A participant may dedd• the
method and frequency by which It detarmlnn the eHglbWty of tll
principals. Each partidpant may, but 11 not required to, check the
nonprocurement porUon of the i.J1t1 of Pll'tkla Exdudecl From
FtderalPrt>curwmenlorNonp,ocuremenll'rog,ama"(Nonp,oan-
mant Lit!) which is compiled by !he General Services
Admlnl11taUon .
E1.hi bltl
I. Nolhlng conlllntd In lho forwgomg wll be "'" . d lo
require utlblllhment of a 1ystem of reoord1 In Ofder to render In
good 111th lho -flc■llon roqulr■d by 1h11 d■UM, Tho~
and k1fonnllion or partidpant 11 not rtQulred to exCNd that which
Is nonn1Hy P01HIMd by I prudent person In the ordinary COUf"H
of bu1lnut dNUng1 .
J, Exctpt for tranaadlona authortz:ed under paragraph r of
these lnstNdk>nt, lf a participant In a 00V8f'9d tranaactlon
knowingly 1ntan Into a lower tier covered tranucUon wtth a
per.on wno 11 1Uspended, debarred , lnellglble, or voluntarily
exduotd from participation In thl1 trantadlon, In addition lo Other
remedies 1vallable to the Federal Government, the department or
agency may tarmlnata this tran11cUon for cauN or default
C1rttflt11tlon Regarding Debarment, Su1penalon,
lnellglblllty and Voluntary EJ:clu1lon..Prlmary Covtred
Tran11ctlon1
1. The prospective primary participant cert1nes to the bast of 111
know1adge and ballet, thal It and Ill prlndpals :
a. Are not presently deb1rred, 1u1pended, proposed for
debarment, declared Ineligible , or voluntarily excluded from
COV9red transactions by any Federal departnwnt or agency;
b. Have not within 1 :).year period preceding lhlt propoul
been convicted of or hid a dvfl Judgement rendered against them
for comml11lon of fraud or a criminal offense ln connection with
obtaining , attempting to obtain , or perfonnlng I pubtlc (Federal,
Stale or local) tranuction or contrad under• public lrlnaactlon;
violation of Federal or State antltruat statutes or 00mml11lon of
embezzlement, theft, forgery, bribery, fal1lftcation or destruction of
records, miking false 1tetement1 , or receiving stolen property;
c. Are not presently Indicted for or otherwise crimlna1ty or
dvllly charged by a governmental entity (Federal , State or local)
with commission of any of the offenses enumerated In paragraph
1b of this certification: and
d. Have not within a 3-year period preceding thl1
appllcallon/propoaal hid one or more public tranaactiont (Federal,
State or local) terminated for cause or default.
2. Where the proapectlve primary participant Is unable to certify
to any of the statements In thi1 certlftcatlon, such prospecUve
participant shall attach an u :planatlon to this proposal .
2. ln1tructlons for C•rttflcatlon • Lowar Tier Covertd
Tr■nt■ctlona:
(Ap!)llca ble lo 111 oubconlrldl, purcllaae omer■ and olherlowe<
tier transactions of $25,000 or more • 49 CFR 29)
a. By 1lgnlng and submitting thl1 proposal, the prospective
lowerUer la providing the 01rtlflcaUon set out below.
b. The certification In thlt dause 11 a material
reprnenlltlon or fact upon which reHanoe waa placed when 1h11
transaction WII -,"'9d Into, If H It later determined that the
prospocllvo -lier par11dpont knowingly Nlnder■d on
enoneou1 cenlt'ltlllon, In addition to other r.rnedlel avaltable to
lho Ftder■I -~ lho dopa_,,~ or -,cy wllh which
this tranudlon originated may pur1ue avallable remedies,
lndudlng auspentk>n and.ICM' debannenl
Exhibit I • Page 8 of 9 REQUIRED 8'1 23 CFR 633 ,102
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c. Th• prospective lower Uer partldpant 1h1t1 pl'O'lkie
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mmedlale written not101 to the person to which this proposal 11
iubmttted tf at any time tht proaped!Ye lower tier partldpant
i.am, that Ill certlftcaUon WII IITOMOUI by l'IIIOn of changed
drcum1tan011 .
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d. The tarmt •covered tran11ction,• •debarred:
•,u1pendld," inellglble," "primary covered tranuctlon:
•part1dpant,• •per■on: •p!'indpal ,· ·propo111 ,· and "voluntlrl/y
exduded: at uaed In thl1 dause, have the meanings set out In
the Oeftnlllon1 and Coverage ■ectiont or Nle1 Implementing
Executive Order 12549. You mayc.onlldtht person tovmlchthlt
propoul 11 submitted for 1111,tance In obtaining a copy of those
regulallont .
e. The prospective lower lier partldpant agreet by
submitting this proposal that, should the propoHd covered
transaction be entered Into, II ■hall no! knowingly enter Into any
lower tier covered trantacUon wtth a per,on who It debarred ,
1u1pended, dedared Ineligible, or voluntarily exduded from
participation In thlt covered lnlnsactlon, unle11 authorized by the
department°' aoency with which thl1 trantaction originated .
r. Tho proapedive lower lier participant further agree, by
1ubmlalng lhlt proposal that II wHI lndude thlt daute titled
-C.rtlftc:aUon Regarding Oebam,ent, Su1penlk>n , lnellglbllity and
Voluntary Exclulk>n•Lower Tler Covered Transaction ," wlthoul
modlftcatlon, In all lower tier covered transadk>nt and In 111
1ollcltation1 for lower tier mvered trln11ctlon1 .
g , A participant In e: covered transaction may rely upon a
certlflcellon of a prospective participant In a klwer lier covered
tran11ctlon that 11 no! debarred, tutpondod, lnellglble, or volun•
tar11y excluded from the covered tran11ctlon , unle11 It knows that
the certlflc■Uon II errorl80u1 . A partldp1nt m1y decide the
nethod and frequency by Which It delerm lno1 the ellglblllty of Its
principals . Each participant may, but 11 not required to, check the
Nonprocurement List.
h. Nothing contained In the foregoing shell be construed to
requ ire eatabllthment of a system of rea,rds In Ol'der to render In
good faith the certfflcallon requ ired bythl1 dluse. Theltno'Medge
and lnfonnatlon of participant la not required to exceed that which
It normally po11e1aed by a prudent peraon In the ordinary course
of bualne11 deaHng1 .
I. Except for tranaacUont authorized under paragraph e of
theae ln1tructlon1, if a partldpant in a covered transaction
knowtngly entera Into I lower lier covered transaction with a
person who 11 1u1pendt,d, debarred, lnellglble, or voluntarily
exduded from p■rtfdpallon In thlt lnlnt■ctlon, In addition to other
remedlea ■v■ll■ble to the Federal Govemment, the department or
agency with which thlt tran11ctlon originated may pursue
av■llable remedies , Including autpenalon and/or debarment.
Certlflcatlon Regarding O.banntnt, Suapentlon,
lntUglblllty and Voluntary Exclutlon-l.owtr Tier Covered
TranucUon,:
1. The prospective lower lier participant Cl9ftffln, b)' subml11lon
or thlt propoael , that neither h nor Ill princlp111 It preaentty
debaned, IUlpended, propoHd for debarment, declared
lnetlglble, or votuntarily excluded from partlclp11lon In thl1
tramiactJon b)' any Federal department or agency.
2. Where the pl'Otpective lower lier perlldpant II unable to
ce~ to any of the statemenll In this certlftcatlon, such protp&c--
llve participant lh.tll ■ltach an explanation to thll proposal.
Exhibit I
XII, CERTIFICATION REGARDING USE OF CONTRACT
FUNDS OR LOHYING
{Appllcablt to all FtdtraJ.ald construction contract.I tnd to all
related subcontract■ whlch excetd S100,000 -49 CFR 20)
1. The prospective participant c:ertlfln , by signing and 1ubmll•
ting thlt bid or propota1 , to the betl of hll or her knowledge Ind
belief, that:
1 . No Federal approprialed f\lnd1 have been paid or win be
paid , by or on behalf of the underalgned , to any person for
Influencing or attempting to lnftuen01 1n officer or employee of
1ny Federal agency, 1 Member of Congrau, an officer or employ-
"of Congre11, or an empk>~ of I Member of Congru1 In
conMctlon with the awarding of 1ny Federal contract, the making
of 10)' Federal grant, the making of any Federal loin, the entering
Into of 1ny cooperaUve agreement, and the extension, continua•
lion, renewal , amendment, or modlftcltlon of any Fedenll contract.
grant, loan , Of cooperative 1greemenl
b. If any fundt other than Federal appropriated funds have
been paid or wlll be paid to 1ny person for lnftuendng or attempt•
Ing to lnftuence an officer or employee of any Federal agency, e
Member of Congre11, an officer Of emp4oyee of Congrett, or an
employee of a Member of Congre11 In connection with this
Federal contract, grant, loan , or cooperative agreement, the
undersigned 1hal1 complete and submit Standard Form-LLL ,
"Ol1do1ure Fonn to Report Lobbying ,• In accordance with Ill
ln1trudlona.
2. Th is certlflcallon It a material representation of fact upon
which rellance waa placed when thlt transaction wat made or
enlered Into . Submlttlon of this certlncauon 11 • prerequisite for
making or entering Into thlt tran11dlon lmpoHd by 31 U.S.C .
1352. My person who falls to file the required certiflceUon ,hall
be subject to a cl vll penalty of not 1111 than S 10,000 end not more
than S100,000 for Heh such failure .
3. The prospective participant alto agreet by submitting his or
her bid or propo11l that he or the shall require that the language
of 1h11 certlflcallon be Included In all lower tier 1ubcontractl, wtilch
exceed $100,000 1nd that all such reclplenll ,hall certify and
dl1clote accordingly.
Exhibit I -Page 9 of 9 REQUIRED BY 2l CPR 6ll .102
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FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include :
A. The 'Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (Common Rule), at 49 Code ofFederal Regulations , Part 18, except to the extent th ■t otber ■ppUc■ble
feder■I requirements (lncludlna the provisions or 23 CFR P1rt1 172 or 633 or 635) ■re more 1pecl0c th ■n
provisions or P ■rt 18 and therefore supenede such P■rt 18 provisions . The requirements of 49 CFR 18 include,
without limitation :
I . the Local Agency /Contractor shall follow spplicable procurement procedures, as requ ired by section I 8.36(d);
2. the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the
manner, and to the extent required by, applicable provisions of section 18 .30 ;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants ;
4. to expedite any COOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall
also submit a letter lo COOT certifying Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18.36(d) procurement procedures , and with 18.37 subgrant 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 subcontracts ,
B. Executive Order 11246 of September 14, 1965 entitled "Equal Employment Opponunity," as amended by
Executive Order 113 75 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter
60) (All construction contracts aw:irded in excess of SI 0,000 by grantees and their contractors or subgrantees).
-. The Copeland "Anti-Kickback " Act (18 U.S.C. 874) as supplemented in Depanment of Labor regulations (29
CFR Pan 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
Pan 5) (Construction contracts in excess of $2 ,000 awarded by grantees and subgramees when requ ired by Federal
grant program legislat ion . 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 not le ss than those established for
the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2 ,000 , and in excess of $2,500 for other contracts which involve the employment of
mechanics or laborers).
F. Standards , orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. l857(h), section
508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants ofamounts in excess of$ 100,000).
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-1 IO, 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
·~•bllilt}
funds cannot be used for partisan p,:,i iiical purposes of any kind by any person or organization in volved in the •
administration of fcdcrally-usistcd prngrams .
J. 42 USC 6101 ~ 42 USC 2000d , 29 USC 794 , and implementing regulation , 45 C.F.R. Part 80 ~.
These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded
from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal
funds ;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102 , 12111-12117, 12131-
12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-
646 , as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and
displacing households or businesses in the performance of this contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 lliW,
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 ~ and its implementing regulation , 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973 , 29 U.S.C. 794, as amended , and implementing
regulation 45 C.F .R. Part 84 .
0 . 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts ".
P. 23 C.F.R Part 633 , concerning "Required Contract Provisions for Federal-Aid Construction Contracts" .
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Ci vil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The
requirements for which arc shown in the Nondiscrimination Provi sions , which arc attached hereto and made a part
hereof.
S. Nond iscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section I 62(a) of the Federal Aid Highway Act of
1973, the Contractor, for itself, its assignees and successors in interest, agree as follows:
I . Compliance wjth Regulatjons . The Contractor will comply with the Regulations of the DcpcC!,t'. .m of
Transportation relative to nondiscrimination in Fcd:rally assisted programs of the Department ofTransportatioo (Title
49 , Code ofFedcral Regulations, Part 21 , hcrcinaflcrrcfcrrcd to as the "Regulations"), which arc herein incorporated
by reference and made a part of this contract.
2. Nondjscriminati on. The Contractor, with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the ground of race , color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors , includ ing procurement of materials and leases of
equipment. The Contractor will not participate either directly m-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. Solicjtatjons for Subcontracts Includin• Procurement o(Matcrials and Equipment, In all solicitations 1
Exhibit J -Page 2 of 3
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El[blbltJ
,ithcr by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,
• including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap or national origin .
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4. lnfonnaJjon and Reports The Contractor will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by the State or the FHW A to be perrinent t~
ascertain compliance with such Regulations, orders ,,nd instructions. Where any information required of the Contractor
is in the exclusive possession of another who fails o; refuses to furnish this information, the Contractor shall so cenify
to the State, or the FHWA as appropriate and shall ,ct fonh what efforts have been made to obtain the information .
5. Sanc1jons for Noncompljance . In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA 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 of the contract, in whole or in pan.
6. Incorporation of Provisions . The Contractor will include the provisions of paragraphs A through Fin
every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,
orders , or instructions issued pursuant thereto . The Contractor will take such action with respect to any subcontract or
procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes involved in , or is threatened with,
'itigation with a Subcontractor or supplier as a result of such direct1Jn , 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 th e United States .
Exhibit J -Page 3 of 3
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 2, 2006 11 a II Intergovernmental Agreement with COOT for
Bridge over the Platte River at Dartmouth Avenue
Initiated By: I Staff Source:
Department of Public Works Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolulion No . 77, Series 2005 , authorizing the City to apply for Federal
funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for
Users ".
• Staff discussed the status of the project at the August 14" Council Study Session .
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an agreement with the
Colorado Department of Transportation . The agreement covers financial commitments related to
the design and construction of "Platte River Bridge at Dartmouth Avenue."
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11FIED
Currently, the connection between the Little Dry Creek Trail and the Mary Carter Greenway Trail
requires bicycles and pedestrians to cross the Platte River on the Dartmouth Avenue Bridge . This
bridge has narrow sidewalks, and there is a history of accidents and conflicts between motor
vehicles and trail users . This proposed project will install a new structure south of the existing
bridge for the exclusive use of trail users .
The Denver Regional Council of Governments (DRCOG) accepts applications from local
governments, typically on a ~NO year cycle, for projects to be considered for federal funding.
DRCOG, in cooperation with the Colorado Department ofTransportation (COOT), is charged with
preparation of the Transportation Improvement Program (TIP). The TIP prioritizes regional projects
for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient
Transportation Equity Act-Legacy for Users " (SAFTEA-LU). Congress adopted this program in
August 2005 to replace the former Transportation Efficiency Act of the 21" Century (TEA-21).
Englewood applied for this "Enhancement" project in 2005 . DRCOG scores projects based on a
number of factors including safety, connectivity, usage, and cost-effectiveness . Additional points are
given if a community offers additional loc~I matching funds above the required 20%. Community
Development staff recommended overma tching the project to Increase the chances of being
selected . DRCOG accepted the project earlier this year and included it in the TIP. Metro-wide,
only eight Enhancement projects were selected for funding 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). ORCOG has challenged cities with a competition •
for the available federal dollars . Money for 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 preparation of our agreement. The turnaround time for Region 6 was
seven weeks, beating their typical time frame of about 12 weeks . Based on statements made by
other local government representatives, 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 fund~d for design in FY 2007 and construction in FY 2008. It Is possible that
DRCOG will only fund the design of one of our projects in FY 2007 . DR COG encourages projects
that are overma tchi ng to proceed with design using 100% local funds . The local funds spent on the
design phase will be credited to the overmatch for the construction phase.
COOT will not encumber more money than is available In 2007. The Contract Encumbrance in this
Agreement is for the design portion only and does not account for the overmatching local funds
(see table in Financial Impact below). The Agreement contains a "Funding Letter" provision that
COOT will use to increase the dollar amount for the construction phase as funds become available
in FY 2008. COOT and ORCOG also require that the design be substantially complete before
construction funds are encumbered . This process reduces the likelihood th at federal dollars would
be encumbered by a project sponsor and not spent within a reasonable period of time .
Please note : Corrected outline letters are not substantive changes .
FINANCIAL IMPACT
The total estimated cost for the project is $670,000 as detailed below:
~ F~gml rnQ0<'.ol L2~~1 liQ 0<'.0 l ~ I!llill
Design 2007 $ 73,000 $ 18,250 $31 ,750 $123,000
Construction 2008 iill.QQQ LlQ...2l1Q ~ .llil,QQQ
Total $435,000 $108,750 $126,250 $670,000
The total Local Matching Funds for tha design phase in FY 2007 is $50,000 (Local 20% plus
Overmatch). The total Local Matching Funds for the construction phase is $185,000 (Local 20%
plus vvermatch).
$40,000 is available in Open Space Fund . An additional $83,000 from the Open Space Fund is
requested as part of the Proposed 2007 Budget.
LIST OF ATTACHMENTS
Map
List of Enhancement Pool Projects
Bill for an Ordinance
Transportation Enhancement Contract
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\ ''------,=d,,'/'.,
, --~ ,...I
• LIST OF 2007-2012 TIP &ancement Pool Projects •
POOi. iNFORMATiON
TIP-ID f-., ~ T-
2007-087 STP Enhancement Pool: 207-2012 TIP Total Pool Fundina $5,783 $3,597 $9,380
2007 Fundino $429 $266 $695
2008 Funnmn $1,842 $1 ,146 $2,988
2009 Fundina $2,708 $1 ,684 $4,392
201 O Fundina $804 $501 $1,305
POOL PROJECT INFORMATION
TIP-ID -Tille ~=r -Local Localo-rnu:h Total Cost
2007-020 Wadsworth Blvd ISH 121 l 72nd /'.veto 80th Ave Multi-use Path P.Mlda $.589 $147 $448 $1,184
2007-046 Folsom St: R""""t Dr Unde= Boulder $2,694 $674 $1 ,186 $4,553
2007-017 Bear Creek Trail: Fenton St to Lamar St Denver $475 $119 $269 $863
2007-034 Platte River Path: Dartmouth Bike & Ped ~ ~=lewood $435 $109 $126 S6m
2007-035· Platte Riwr Path: Course Bike & Ped 5....,.. ~~lewood $579 $145 $0 $724
2007-031 G-470: Indiana SI/US~ Bike Path Extension Golden $428 $107 $93 $628
2007-027 MilllmodaJ Historic lnte: ll<818tion Proiect Historical Society $343 $86 $29 $458
2007-030 US-36 : 3rd Ave lmorovement L.nns $240 $60 $0 $"""
• The dollar amounts are a ll in thousands TOTALS $5783 $1446 $2,151 $9-""'1