HomeMy WebLinkAbout2003 Ordinance No. 060•
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ORDINANCE NO . Ii)
SERIE S OF 2003
BY AUTHORITY
CONTRACT NO, /OS--.Zo o3
COUNCI L BILL NO . 59
INTRO DUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CO LORADO
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF "BIG DRY
CREEK TRAlL IMPROVEMENTS" IN THE CITY OF ENGLEWOOD, COLORADO
AND THE CITY OF LITTLETON, COLORADO .
WHEREAS , the Big Dry Creek Trail System is an ongoing multi-jurisdictional
project ; and
WHEREAS , installation of a bike trail at this location is desirable for the safety and
convenience of pedestrians and bicyclists ; and
WHEREAS, City Council applied to Den ve r Regional Co uncil of Governments
(DRCOG) lo include this project in the Transponation Improvement Program (TIP); and
WHEREAS, DRCOG agreed 10 include the project for funding in 2003 ; and
WHEREAS, the Federal share for this project is $600,000 and the City of
Englewood 's share would be $45,000.
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I . The City Council for the City of Englewood, Colorado , hereby approves the
Transportation Enhancement Contract between The Colorado Department of
Transportation and the Cities of Englewood and Littleton, Stale of Colorado , for
"PROJECT STE M395-009, (14532) REGION6/(JP), a copy of which is availabl e at the
office of the City Clerk of Englewood .
Section 2. The Mayor is authorized 10 sign and the City Clerk 10 attest the
Transportati on Enhancement Contract for and on behalf of the City of Englewood ,
Colorado . a copy of which contract is available in the City Clerk 's office .
Introd uced, read in full and passed on first reading on the 18th day of August , 2003 .
Published as a Bill for an Ordinance on the 22nd day of August, 200 3 .
-1-
10.b.i
Read by title and passed on final reading on the 2"" day of September , 2003 .
Published by title as Ordinance No . ./;Q_, Series of 2003 , on the s'" day of
September, 2003.
I, Loucrishia A. Ellis, City Clerk of the City ofEnglewood, Col
that the above and foregoing is a true fO'!f of the Onlinanc pass
published by title as Ordinance No . f.11.l-, Series of 200 .
-2 -
o, hereby certify
n final reading and
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(FMLA WR.KENH)
PROJECT_ M395 -009 , (1453 2)
REGION 6/(jp)
TRANSPORTATION ENHANCEMENT CONTRACT
Rev 04/28/03
04HA6000 06
CMS ID 03 -320
TH1S CONTRACT , made thi s __ da y of ____ _, 2/J _ by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or COOT, and CITY OF
ENGLEWOOD, STATE of COLORADO , !000 En glewood Parkway, Englewood, CO 801 IO,
FEIN : 846000583, hereinafter referred to as the Local Agency, or the contractor.
FACTUAL RECITALS.
I. Authority exists in the law and funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment of
project and Local Agency costs in Fund Number 400, Appropriation Code 010 , Organization
Number 9991, Program 2000 , Function 3020 and 3301, Object 2312 lP, Project_ M395-009
Phase D and C, Reporting Category 6210, Contract Encumbrance Number 14532 , (Contract
Encumbrance Amount: $750 ,000 .00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies .
3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st
Century of 1998 (TEA-21) and to applicable provisions ofTitle 23 of the United States Code and
implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended,
(collectively referred to hereinafter as "the federal provision s"), certain Federal funds hav e been
and will in the future be, allocated for highway projects requested by Local Agencies and eligible
under the Surface Transportation Program that has been proposed by the State and approved by
the Federal Highway Admini stration (FHWA), hereinaf\er referred to as the program .
4. Pursuant to § l 007(a) ofTEA-21, at 23 U.S.C. § l 33(d)(2), certain Surface
Transportation Project funds are made available only for eligible "Transportation Enhancement
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Activities", as defined in§ 23 U.S.C . § !0l (a), an d this contract provides for the performance by
the Local Agency of a proj ect for an eligible Transportation Enhancement Activity.
5. Pursuant to § 43 -1-223, C .R.S. and to applicable porti o ns of the federal pro visions, the
State is responsible for the general administration and supervision of performance of projects in
the program, including the admini stration of federal funds for a program proj ec t performed by a
local age ncy under a contract with the State .
6. The Local Age ncy has requested that a ce rtain local highway project be funded as part of
the program as a Transportation Enhancement Activity, and the Local Agency Represents that the
proj ec t is an eligible Transportation Enhancement Activity as defined in 23 U.S .C. § !0l(a), and
by the date of execution of this contract the Local Agency (and/or the State) has completed and
submitted a preliminary version ofCDOT form #46, describing the general nature of that project
work. The Local Agency understands that, before the project work is actually started, the
description of the project work in that COOT form #463 will likely be revised as a result of
design changes made by COOT, in conjunction and coordination wi th the Local Agency, in its
internal review process. The Local Agency desires to agree to perform the project work as
described in the Form #463, as it may be revised in that Process. •
7. Federal-aid funds have been made available for project, _ M395-009 for design and
construction of a bike path along Big Dry Creek from Fox Street to Broadway, as more
specifically described in Exhibit A (the Form #463 and/or a "Scope o f Work"), in, City of
Englewo od , Colorado , hereinafter referred lo as "the proj ec t" or "the work".
8. The matching ratio for this federal-aid project is 80% federal-aid funds lo 20% Local
Agen cy funds , it being understood that such ratio applies only lo such costs as are eligible for
federal participation, it being further understood that all non-part ic ipating costs shall be borne by
the Lo cal Agency at I 00%.
9 . Th e Lo cal Agency desires to co mply with the federa l pro visi ons and other applicable
requirements, including the State's ge neral administration and sup ervis ion of the project through
this contract, in order to obtain federal funds for the project.
IO . The Loc al 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 or resolution duly passed and
adopted by the autho ri ze d representati ves of the Local Agcnc)', which expressly authorizes the
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Local Agency to enter into this contract and to expe nd its match share of the Work . A copy of
• this ordinance or res olution is attached hereto and incorporated herein as Exhibit B.
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11. This contract is exec uted under the authority of §§ 29-1-203, 43-1-110, 43-1-116 ,
43-2 -10 1(4)(c) and 43-2-144 , C.R.S ., as amended , an t'. the Local Agenc y ordinanc e/re so lution .
12 . The parties hereto desire to agree upon the divis ;_on of responsibiliti es with regard to the
project.
13. The Loca l Agency is adequately staffed anJ suitably equipped to undertake and
satisfactorily complete some or all of the Work .
14 . The State ce rtifies th at suc h work can be more advantageously performed by the Local
Agenc y.
NOW, THEREFORE , it is hereby agreed that:
I. /ff ANDARD FORM CONTRACT
This is a standard form contract that is designed to effic iently contract for and administer 2 types
of program projects: I) program projects which include the same basic work el ements (design;
construction; construction administration by local agency; right -of-way; utilitie s; etc.); and, also,
2) program projects with specific differenc es in those basic work elements Cy,, a specific
project may include design but no construction, or it may include design and construction but the
State will do the construction administration, etc .)
The form contract accommodates both types of projects by using qualifying language to
condition the application of particular contract requ irem en ts, based on whether speci fie work
elements are included in the proj ec t. For instance , where the co ntract pro vides ... "If the Work
includes engineeri ng/design serv ices, the Local Age nc y shall perfo rm the followi ng requirements
... ", the Local Agency need perform those requirements onl y if engineering/design serv ic es are
expressly included in the project , as defined in th e Scope of Work. (Co nve rsely, notwith standing
that language is in the contrac t, the Local Agency can ignore tho se "requirements" if
engineering/design services are NOT expressly included in the Scope of Work.)
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The Local Agency shall interpret such qualifying language in that manner. By using such
language, the form contract can apply to both the general and the specific types of projects, thus
making it easier to administer and saving the State and the Local Agency time and expense.
il PROJECT DESCRIPTION
··7he project" or "the Work" under this contract shall consist of design and construction of a bike
.,,.th along Big Dry Creek from Fox Street to Broadway, in the City of Englewood, Colorado, as
more specifically described in Exhibit A, attached hereto and made a part hereof (the Form #463
and/or a "Scope of Work") as it may be revised by the parties in the design review process before
the projec t work is actually started .
ill. ~3l_Q.~;lQ,'-1 BY REFERENCE
All federal an,< ~late statutes, regulations, specifications, administration checklists, directives,
procedures, documents, and publications that are specifically identified and/or referenced in this
contract, together with all exhibits and attachments and addenda to this contract, are incorporated
herein by this reference as terms and conditions of this contract as though fully set forth .
N . WORK RESPONSIBILITY
The Local Agency shall be respon sible to perform the Work, and the Local Agency shall comply
with all a pplicable terms and conditions of this contract in performing the Work, including those
process and task responsibilities and standards as sp ecifically indicated in the Pre -Construction
and Construction Administration Checklists attached hereto and made a part hereof. The
responsible party shall perform all such tasks in accordance with applicable requirements an,
standards , in cluding those in this contract and in applicable law.
V . PROJECT FUNDING PRCVlSIONS
7he funding provisions for the proj ect are attached herzto and incorporated herein as Exhibit C .
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VI. TRANSPORTATION ENHANCEMENT ADVANCE !'.A YMENT f'RQVISIONS
The advance payment provisions described herein shall apply only to a percentlge of th e
construction work portion of an enhancement project, as described below. Payment for all
other work por'.•'.l JS of the Project, including for the design work, shall be Jn a reimbursement
basis, as descri uw h Mlow.
A . Pursuant lo FHWA's approval under 23 TJ .S .C . § 133(e)(3)(B), the State will provide an
advanr -, payment up to a maximum perccmag ! of the total amount for the construction
portion uf 1,-,,1,sportation 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 tlie construction of Iris transportation
enhancement project, in accord with 23 U.S.C. § 133(e)(3)(B and as described
herein.
2. the Local Agency shall submit the following to the State representative identified
in section VII, , lier execution of this Contract :
a) a financial statement for the construction of the project; and
b) an invoice for aJvance payment of 70% of the federal funds budgeted and
available for the construction of the proje,:t.
3. After receipt of such statement and invoice, the State will issue a warrant to the
Loc .J Agency in the amount of the approved advance payment of wnstruction
project funds, subject however to the prior performance of the followint A) the
satisfactory completion of the design rif the project; B) the State approving the
Local Agency's construction contract; and C) the State issuing to the Local
Agency a Notice To Proceed with the construction of the project.
4. the advanced funds shall be used by the local agency only for the performance of
the construction work of the project. Upon receipt of the notice to proce,;-d from
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 th~ construction work within 120 days of receipt of the notice to
proceed, or if the Local Agency starts the construction work but discontinues or
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abandons perfonnance before completion, the Loc nl Agency sha ll remit to the
State all federal funds reimbursed or advanced by the State for the project not later ./
than 30 days after the I 20th day, or after the date the Local Agency
discontinues/abandons perfonnance , as applicable .
5. When the Project construction work is completed, the Local Agency shall submit
to the State all required paperwork for that construction work, together with a
final statement of costs for that construction work and a billing for the remaining
30% of the federal 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 unti l the Stale has reviewed the billings and has inspected
the completed project construction work, subject to the terms and conditions of
this contract.
B. Except as provided in A. abo v ., the State will reimburs e the Local Agency for the
federal-aid share of the proje ct design, and other work foll ow ing the State's review and
approval of such charges, subject to the tenns and conditions of this contract. The Local
Agency will prepare and submit to the State monthly charges for co sts incurred relative to •
the de sign , and work portions of the project. Provided, however, that charges incurred by
the Local Agency prior lo the date of FHW A authorization for the project and p1i or to the
date this contract is executed by the St at e Controller or his designee will not be chargecl
by the Local Agency to the project, and will not be reimbursed by the State, absent
specific FHW A and/or State Controller ap pro va l th ereof.
C. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
perfonnance of the Work , not exceeding the maximum total amount described in Exhibit
C . The applicable principles describ ed in Title 49, Code of Federa l Regulations , Part 18
(the "Co mmon Rule "), Subpart C ("Financial Administration"), including 49 C.F.R.
18.22, shall go vern the ~llr1wa'Jility and allocabi;ity of cos ts under this contract. The
Local Agenc y shall comply witi . all such principles . To be eligible for reimbursement ,
costs by the Local Agency shall be :
I. in accordance with the provisions of Exhibit C and with the terms and co nditions
of the co ntract.
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necessary for accomplishment of the Work .
reasonable in amount for the goods and services provided.
4. actual net cost to the Local Age nc y (i.e., the price pa id minu s any refund s, rebates,
or other items of value received by the Local Agency that have the effect of
reducin g the cost actually incurred).
5. incurred for Work perform ed subsequent to the effective date of th is contract.
6. satisfactori ly documented.
D. The Local Agency shall est3b lis h and maintain a proper accounting system in accordance
with generally acce ,ted accounting standards (a separate set of accounts, or as a separate
and integral part of its current accounting sc heme) to assure that project funds are
expended and costs accounted for in a mann er consistent with this contract and project
objectiv es.
1. All allowable costs charged to the project, including any approved services
contributed by the Local Agency or others, shall be supported by properly
executed payrolls , time records , invoices, contracts or vouchers evidencing in
detail the nature of the charges .
2. Any check or order drawn up by the Local Agency, including any item which is or
will be chargeable against the projc'Ct account shall be drawn up only in
accordance with a properly signed voucher then on tile in the office of the Local
Agency, which will detail the purpose for which said check or order is drawn . All
checks, payrolls, invoices, contracts, vouchers, orders or other accounting
documents shall be clearly identified, readily accessible , and to the extent feasible,
ke pt se parate and apart from all other such documents .
E. Upon execution of this co ntrac t the State is authorized, in its discretion, to perform any
neces sary administrati ve support services pursuant to this contract. Th ese se rvices may be
performed prior to and :n preparation for any conditio,1s or requirem ents of this co ntr act,
in cluding prior FHV A approval of project work . The Local Agency understands and
agrees that the State may perform such services, and that payment for such services shall be
at no co st to th e Stat e but shall be as provided in Exh ibit C. At the reque st of the Local
Agency, the State sha ll also provid e other assistance pursuant to this contrac t as may be
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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 shal I •
be paid to the State from project funds at the applicable rate. However, in the event that
s uch funding is not made available or is withdrawn for this contract , or if the Local Ager::y
terminates this contract prior to project approval or completion for any reason, then ail
acn1al incurred costs of such services and assistance provided by the State shall be the sole
expense of the Local Agency.
F. If the Local Agency is to be billed fu, CDOT incurred direct costs, the billing procedure
shall be as follows:
I . Upon receipt of each bill from the State, the Local Agency will remit to the State
the amount billed no later than 45 days after receipt of each bill. Shnuld the LJcal
Agency fail to pay moneys due the State within 45 days of demand ~f wi ,Iii ;11ch
other period as may be agreed between the parties hereto, the Local Agency agrees
that at the request of the State, the State Treasurer may withhold an equal amount
from 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 •
re imbursed, shall be payable from the State Highway Supplementary Fund ( 400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 45 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full .
The interest shall accrue for the period from the requi red payment date to the date
on which payment is made.
G. The Local Agency will prepare and submit lo the State monthly charges for costs incurred
relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance 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 format attached hereto and made a
part hereof as Exhibit D.
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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.
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I . Payments pursuant to this contract shall be made as earned, in whole or in part,
from available funds, encumbered for the purchase of the described services. The
liability 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 discreti Jn of the State until completion of final audit.
3. Incorrect payments .. , the Local Agency dut: to omission, error, fraud, or
defalcation shall be ."ecovered from the Local Agency by deduction from
subsequent payment u:.1d cr thi s contract or other contracts between th~ State and
Local Agency, or by the SL~te 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 tate's election.
VII . ST A TE COMMITMENTS
A. The State will provide liaison with the Local Agency th rou uh the State's Regio n Director,
Region 6, 2000 South Holly Street, Room 111 , Denver, Co 80222, (303) 757-9459. Said
Region Director will also be responsible for coordinating the State's activities under this
co ntract. Said Regi on Director will also issue a "Notice to Proceed" to the Local Agency
for commencement of the Work. All communication relating to the day-to-day act iv ities
for the work sha ll be exchanged betwee n representatives of the State's Transportation
Region 6 and the Local Agency. Until changed by notice in writing, all routine
correspondence shall be addressed as follows :
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lfto State:
Kevin Hsu
COOT Region 6
2000 South Holly Street
Denver, Co 80222
(303) 757-9931
If to the Loc al Agency :
Dave Henderson
City of Englewood
I 000 Englewood Parkway
Englewood, CO 80110
(303) 762-2506
B. The State will advance/reimburse the Local Agency for th e federal-aid share of the
project charges , as provided in Exhibit C.
C. If the Work includ es construction, the State, at its discretion, will review construction
plans, special provi sions and estimates and will cause the Local Agency to make those
changes therein that the State determines are necessary to assure compliance with State
and FHW A requirements.
D. The State will p~rform a final project inspection prior to project acceptance as a Quality
C-,ntroV Assurancr activity. When all project work has been satisfactorily completed, the
State will sign the FHWA form 1212 .
vm. LOCAL AGENCY COMMITMENTS
A. DESIGN .
I. If "the Work" includes preliminary design , or final design (a.k .a. "construction plans"), or
design work sheets, or special provisions and estimates (collectively referred to as "the
Plans"), the party that is re spo nsible under Section IV (either the Local Agency or the
State) for the Plans\design shall comply with the following requ irements, as applicable :
I. perform or pro vide the Plans , to the extent requir ed by the nature of the Work.
2. prepare final design ("co nstructio n plans") in accord with the requirements of the
latest edition of the American Association of State Highway Transportation
Officials (AASHTO) manual.
3. prepare special pro visio ns and estimates in ar ord with the State's Roadw ay and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construct:on .
4. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public .
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5. stamp the Plans produced by a Colorado Registered Professio nal Engineer .
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provide final assembly of the Plans and contract documents .
be responsible for the Plans being accurate and complete.
Make no further changes in the Plan s following the aw ·d of the construction
co ntract except by agreement in writing between the parties. The Plans shall be
considered final when appro ved and acc~pted by lhe parti es hereto, and when fina l
they shall be deemed incorporated herem.
a. If the Local Agency is the responsible party:
I. It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans as directed by the St ate to comply with FHW A requirements.
2. It may enter into a contract with a consulta11\ to do all or any portion of the Plans
and/or of construction administration . l'rovided , however, that if federal•aid
funds are to participate ir. the cost of such work to be done by a consultant, the
Local Agency shall ensure that its procurement of that consultant contract (and the
performance/provision of the Plans under that contract) complies with all
applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172,
( concerning the Administration of Engineering and Design Related Service
Contracts), and with any procedures implementing those requirements as provided
by the State, including those described in Attachment #I, which is incorporated
herein by this reference . Those requirements and procedures include, without
limitation:
a) it :'1all (or its contractor shall) submit any consultant subcontract lo CDOT
for approval prior to its execution by the Local Agency/Contractor, as required by
§ 172.5 (d);
b) it shall ensure that alt changes in the consultant contract shall be by written
suppl eme ntal agreement and must have prior approval of the State and FHW A.
As soo n as the con tract with the consultant has been awarded by the Local
Agency, one copy of the executed contract shall be submitted to the Stale. Any
amendments to such contract sh.JI be similarly submitted;
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c) it shall require that all consu ltant billings under that contract shall comply
with the State's standardized consultant billing format. Examples of the billing •
formats for the various methods of contract payment are attached hereto as
Altachment 2;
d) it shall (or its contractor shall) also us e th e CDOT procedure s as described
in Attachment #1 to administer that desi gn co nsuitant sub co ntract, to comply with
§ 172 .S(b) and (d);
e) it may expedite any CDOT approval of its procurement process and/or of
its consultant con trac t by submitting a letter to CDOT from thP Local Agency's
attorney and/or authorized representative certifying compliance with those CDOT
Attachment #1 procedures and with the requ ir.mlents of§ 172.S(b) and (d).
f) it shall ensure that its consultant contract complies with the requirements
of 49 FR 18 .36 (i) and contains the required provisions as well as the following
language which shall be included verbatim :
I) "The design work wider this contract shall be comp atible with the
requirements of a separate 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 purpose ."
2) "Upon advertisement of the proj ect 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."
3) "The consultant shall review the construction contractor's shop
drawings for conformance with the contract documents and
co mpliance with the provisions of the State's publication,
"Standard Specifications for Road and Brid ge Construction", in
connection with this work ."
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B .
I.
II.
CONSTRUCTION.
If "the Work" includes construction, the party that is responsible under Section for the
construction/construction administration IV (either the Local Agency or the State) shall
perform the construction in accordance with the approved design plans and/or administer
the construction all in accord with the project's Pre-construction and Construction
Contract Administration Checklists. Such administration shall include project inspection
and testing; approving sources of materials; performing required plant and shop
inspect ions; documentation of contract payments, testing, and inspection activities;
preparing and approving pay esti ates; preparing, approving, and securing the funding
for contract modification orders (CMOs) and minor contract revisions (MCRs);
processing contractor claims; construction supervision; and, meeting the Quality Control
(QC) requirements of the FHW NState stewardship program, all as more fully described
in the project's Pre-construction and Contract Administration Checklists.
If the Local Agency is the responsible party, it shall:
I . 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 agreement, the
requirements of the construction contract, and applicable State procedures . The
LAPE may be an employee of the Local Agency or may be a consultant. If the
LAPE is an employee of the Local Agency, the LAPE shall be in responsible
charge of the corstruction of the project (as provided in § 12-25-102 C.R.S. as
amended), notwithstanding any exception described in § 12-25-103, C.R.S., as
amended.
2. if bids are to be let for the construction of the project, the Local Agency shall in
conjunction with the State advertise the call for bids and upon concurrence by the
State award the construction contract(s) to the low responsive, responsible
bidder(s).
a) In advertising and awarding the bid for the construction of a federal-aid
project, the Local Agency shall comply with applicable requirements of 23 U.S .C .
§ 112 and 23 C.F.R. § § 633 and 635. Those requirements include, without
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limitation , that the Local Agency/Contractor shall physically incorporate the entire
"Fonn 1273" (which, if relevant lo th is co ntract, is attached) verbatim into any
subcontract(s) for thos e ser,ices as tem1 s and conditions thereof, as required by 23
CFR 633 .102(e).
b) The Local Agency has the option to accept or reject the prop osal of th e
low bidder for work on which competitive bids have been rc<".ived . The Local
Agency must declare the acceptance or rejection at lhc award conference or w1i~in
3 working days after said bids arc publicly opened, whichever occurs later.)
c) By indicating its concurrence in such award at the award conference, \he
Local Agency acting by or through it• dul y authorized representati ves, a!!fCCS to
pro vide additional funds, subject tc th eir availability and appropriation for that
purpose , if required to complete the Work under this project if no additional
fed eral-aid funds will be made avail ab lt ur the project.)
3. if all or part of the construction work is to be accomplished by Local Agency
personnel Ci&, by "force account"), rather than by a contractor pursuant to a
contract with th e Local Agen cy, the Local Agency will ensure that all such force
account work is accomplished i;. accordance with the pertinent State
sp ecifications and requirements and with 23 C.F.R. Part 635 , Subpart B, "Force
Account Constn•·i on".
a) Such work will normally be bas~,, upou estimated quantities and firm unit
prices agreed to between the Local Agency, the State and the FHW A in advance
of the Work, as provided for in § 635 .204(c). Such agreed unit prices shall
constitute a commitment as to the value of the Work to be performed .
b) An alternative to (n) is that the Local Agency may agree to participate in
the Work based on actual costs of labor, equipment reotal, materials supplies and
supervision necessary to complete the Work . Where actua l costs are used,
eligibility of cost items sh.ll be evaluated for compli a, ae with Federal
Acquisition Regulations (FAR), 48 C.F .R. Part 31.
Page 14 of23
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C .
D.
• E.
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c) Rental rates for publicly owned equipment will be determined in
accordance with § 109 .04 of the State's "Standard Specifications for Road and
Bridge Construction".
d) All force account work shall have prior approval of the Stat~ and/or
FHW A and shall not be initiated unt il the State has issued a written notice to
proceed .
ROW ACOUISITION/RELOCATION .
Prior to this project being advertised for bids, the Local Agency 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 th at no additional right of way is required .
UTILITIES.
Toe Local Agency will be responsible for obtaining the proper clearance or approval from
any utility company which may become involved in this project, by separate agreement
between the Local Agency and the utility, if necessary. Prior to this project being
advertised for bids, the Local Agency will certify in writing to the State that all such
clearances have been obtained.
RAILROADS .
In the event the project involves modification of a railroad company's facilities at a
railroad grade crossing whereby the Work is to be accomplished by railroad company
forces, the Local Agency shall make timely application to the State 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 . Toe Local
Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of23 Code of Federal Reg,tlations 646, Subpart 8 ,
concerning federal-aid projects involving railroad facilities, including:
I. Executing an agreement enin g out what work is to be accomplished and ·.he
location(s) thereof, and that the costs of the improvement shall be eligible for
federal pdrlicipation .
2.
3 .
Obtaining the railroad's detailed estimate of th e co ~! of the Work .
Establishing future maintenance responsibilities for the proposed installation.
Page 15 of23
I.
4. Prescribing future use or dispositions of the proposed improvements in the event
of abandonment or elimination of the grade crossing .
Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation .
F. ENVIRONMENT AL .
The Local Agency shall perform all work in accord with the requirements of current
federal and state environmental regulation, including the National Environmental Policy
Act of I 969 (NEPA) as applicable .
G. RECORD KEEPING .
I. The Local Agency shall maintain all books, documents , papers, accounting records and
other evidence pertaining to costs incurred and to make such materials available for
inspection at all reasonable times during the contract period and for 3 years from the date
of final payment to the Local Agency. Copies of such records shall be furnished by the
Local Agency if requested.
IT. The Local Agency shall, during all phases of the Work, permit duly authorized agents and
employees of the State and the FHW A to inspect the project and to inspect, review and
audit the project records .
H. Mr~INTENANCE .
The Locai Agency will maintain and operate the improvements constructed under thi s
contract, at its own cost and expense during their useful life, in a manner satisfactory to
the State a:.1d FHW A, and will make ample provision for such maintenance each year.
Such maintenance and operations shall be in accordance with all applicable statutes and
ordinances, and regulations promulgated thereunder, which define the Local Agency's
obligation to maintain such improvements. The State and FHW A will make periodic
inspections of the project to verify that such improvements are being adequately
maintained .
I. FEDERAL REOUIREME~
The Local Agency/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, which
Page 16 of23
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are incorporat ed herein by this reference as terms and conditions ;if this contract. The
contractor shall also require compliance with these statutes and regulations in subgrant
agreements permitted under this contract. A listing of some of the federal and state laws
that may be applicable , depending on the Local Agency/Contractor work responsibilities
under this contract, are described in ADDENDUM A.
J. DBE REQUIREMENTS
The Local Agency will comply with the requ h ,:ments of Appendix B and the
Construction Contract Administration Checklist reg ·U'ding DBE requirements for the
work, except if the Local Agency desires to use its own DBE Program to implement and
administer the DBE provisions ofTitle 49 CFR Part 23 under this contract, it must submit
a copy of its program 's requirements to COOT for review and approval before the
execution of this contract. lf tl1e Local Agency uses its program for this contract, the
Local Agency shall be solely responsible to d~fend that DBE Program and its use of that
Program against all legal and other challenges or complaints, at its sole cost and expense .
Such responsibility includes , without limitation, determinations concerning DBE
eligibility and certification, adequate legal and factual bases for DBE goals, and good
faith efforts . COOT approval (if any) of the Local Agency 's DBE Program does not
waive or modify the sole re.sponsibility of the Local Agency for its use as described
above.
K. LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as
outlined in Exhibit C.
IX. GENERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State for the Plans, the State will
not be liable or resp onsi ble in any manner for the structural design , details or construction
of any major structures that are esigned within the Work of this contract.
B. If the Work involves construction , the State shall have the authority to susp end the Work,
wholly or in part, by giving written notice thereof to the Local Agency, due to the failure
of the Local Agency or its construction contractor to correct project conditions which ar~
Page 17 of23
unsafe for the Workmen 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 condition or reason deemed by the State to be in the public
interest.
C. This contract may be terminated as follows :
I . Termination for Cause. If, thro1.1gh any cause, the Local Agency shall fail to
fulfill, in a timely and proper manner, its obligations under this contract, or if the
Local Agency shall violate any of the covenants, agreements, or stipulations of
this contract, the State shali thereupon have the right to terminate this contract for
cause by giving written notice to the Local Agency of its intent to terminate and at
least ten (10) days opportunity to cure the default or show cause why termination
is otherwise not appropriate. In the event of termination, 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, become its property, and the Local
•
Agency shall be entitled to received just and equitable compensation for any •
2.
services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payment advanced under the provisions of this contract.
Notwithstanding above, the Local Agency shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the
contract by the Local Agency. It shall be grounds for the State to terminate this
contract for cause, if after a period of two (2) years from the da!e of this contract,
the Local Agency fails to substantially prosecute the work outlined in the contract.
If after such termination it is determined, for any reason, that the Local Agency
was not in default, or that the Local Agency's action/inaction was exc usable, 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 c<Jntract had been terminated
for convenience, as described herein .
Termination for Convenience. The State may terminate thi s contract at any time
the State determines that the purposes of the distribution of funds under the
Page 18 of23
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contract would no longer be served by completion of the project. The State shall
effect such termination by giving wrinen notice of termin ation to the Local
Agency and specifying the effective date thereof, at least tw enty (20) days before
the effective date of such termination .
3. Termination Due to Loss of Funding. The parties hereto expressly recognile that
the Local Agency is to be paid, reimbursed, or otherwise compensated with
federal and/or S<ate funds which are available to the State for the purposes of
contracting for the project pro vided 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 o r any part thereof are not
available to the State, the State may immediately terminate or amend this contract.
D. Notwithstan,•• 1~ anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and anachments hereto which may require continued
performance or compliance beyond the termination date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of
such failure to perfom, or comply by the Local Agency.
E. This contract is subject to such modifications as may be required by changes in federal or
State law, er their implementing regulations. Any such required modilica6on shall
automatically be incorporated into anC: be part of this contract on the effec6ve date of
such change as if fully set forth herein . Except as specifically provided otherwise herein,
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 .
F. To the extent that this contract may be ex ecuted and performance of the 0bli 3ations of the
part ies may be accomplished within the intent of the contract, the t~rms of this contract
are severable, and should an y term or provision hereof be declared invalid or become
inoperative for ,my reason, such invalidity or failure shall not affect t~.e vaF.c!''.', of any
other term or provision hereof. The waiver of any breach of a term herr.o f sh all not be
construed as a waiver of any other term , or the same term upon subsequent r-rcach .
Page 19 of23
G . This contract is intended as the complete integration of •II understandings between the
parties. No pri or or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein by writing. No subsequent
novation, renew al, addition, deletion , or other amendment hereto shall have any force or
effect unless embodied in a written contract ex ec11ted and approved pursuant to the State
Fiscal Rules.
H . Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns .
I. The Local Agency represents and warrants that it currently has no interest, and shall o,,
acquire any interest, direct or indirect, that would conflict in any :nanner or degree w,th
the performance of the Local Agency's obligations under this contract. The Local
Agency's further covenants that, in the performance of this contract, it will not employ
any person or firm having any such known interests.
J. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written
above and shall continue through the completion and final acceptance of this project by •
the State, FHW A and Local Agency.
K. Attachment LO (Cenification for Federal-Aid Contracts), and Appendix B (DBE
requirements) and Addendum B, Contract Modification Tools attached hereto are hereby
made a part o f this contract. The Local Agency shall comply with all applicable terms
and cond itions of such attachments.
L. If a conflict occurs between the provisions of this contract proper and the attachments
hereto, the priority to be used to resolve such a conflict shall be a: follows:
I. This contract proper; and
2. The attachments enumerated in Sec tion IX, paragraph K, above
3. Other contract exhibits and att ac hments, in descending order of their attachment.
M. ll is expressly understood and agreed that the enforctment o f the tenns and conditi ons of
this contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the parties hereto, and nothing contained in this co ntract shall giv e or allow
any such claim 0r right of ac tion by any oth er or third person on such contract. It is the
Page 20 of23
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express intention of the parties that any person or entity other than the parties receiving
servi ces or benefits under this contract be deemed to be an incidental beneficiary only .
The Local Agency assures and guarantees that it possesses the legal authority to enter
into this contract. The Local Agency warrants that it has taken all actions required by its
procedures, by-laws, and/or applicable Jaw to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this contract and to bind the Local Agency
to its tenns . The person(s) executing this contract on behalf of the Local Agency
warrants that they have full authorization to execute this contract.
Page 21 of23
SPECIAL PR OVISIONS
(For Use Only with lnter~overnmental Contr:acts)
I. C:ONTROLLER'S APPROVAL. CRS 24-30-202 (I)
This contracl shall not be deemed valid until it has been 3pprovcd by the Controller of the Slate of Colorado or suc h assistant as he
may designate.
2. FUND AVAILABILITY. CRS 24-JO-l0l (S.S)
Fin11nci11I ob ligati ons of the Stale of Colorado payable afte r the current fiscal year are con1ingen1 upon funds for that purpose being
app ropriated, budgeted, and otherwise made 3vailable.
). INDEMN IFICATION.
To the ex lent authorized by law , the contractor shall indemnify, save, and hold harmle ss the State against an y and all claims, damages,
liability and court awards including costs, expenses, and anomey fees incurred as a result of any act or omission by the Contractor, or
its emplo yees, agerits, subcontrnct ors, or assignees pursuanl to the tclll'.s of this contract.
No tenn or condition of this 1.ontrncl sholl be construed or in 1erpre1ed os a waiver, express or implied, of any of the inununitics, rights,
benefits , pro1cetion, or other provision s for the parties, of the Colorado Govemll"IC!'\tal lnununity Act, CRS 24-10-10 I el s~q . or the
Federal Ton Claims Act, 28 U.S.C. 2671 et sl!q. as ap~licable, as now or hereafter amended .
4. INDEPENDENT CONTRACTOR. 4 CCR 801-l
lliE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS
AN EMPLOYEE . NE ITHER nm CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF TI!E CONTRACTOR SHALL BE
OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF TI!E STATE. CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY TI!E
STATE PURSUANT TO TI!IS CONTRACT. CONTRACTOR ACKNOWLEDGES TI!ATTI!E CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS TI!E CONTRACTOR OR
TI!IRD PARTY PROVIDES SUCH COVERAGE AND TI!ATTI!E STATE DOES NOT PAY FOR OR OTI!ERWISE PROVIDE
SUCH COVERAGE. CONTRACTOR SHALL HAVE NO Atm!ORIZA TION, EXPRESS OR IMPLIED, TO BIND TI!E
STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPKESSLY SET FORTI! HEREIN .
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH
INSURANCE WHEN REQUESTED BY lliE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN TI!E
AMOUNTS REQUIRED BYLAW , AND SHALL BE SO LELY RESPONSIBLE FOR TI!E ACTS OF TI!E CONTRACTOR, ITS
EMPLOYEES AND AGENTS.
S. NON-DISCRIMINATION.
The contractor agrees to comply with the lcnc r and lhe spirit of all applicable state ond federa l lows respecting discrimination and
unfair employment practices.
6. CHO ICE OF LAW.
Toe laws of the Su.te of Co lorado and rules and regulations issued pursuan1 thereto shall be applied in the interpretation, executio n,
and enforcement of this contrnct. Any provi si on oflhis contract, whether or not incorporated herein by reference, which provides for
arbitration by any extra-judicial body or person or which is othelWise in conflict with said laws, ru les, and regulations shall be
considered null and void . Nolhing contained in on y provision incorporated herein by reference which purports to negate this or any
other special provision in who le or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provisio n rendered nu ll and void by the operation of this provision will not invalidtll e lh t" remainder of this
co ntract 10 the extent that the conlract is cnpab\c of execution. At all times during the performance of thi s contracr, the Contractor
shnll strictly adhere to nil applicable federal and slate laws, rules, and regulations that have been or may hereafter bt established.
7. SOffiVARE PIRACY PROHIBITION GOVERNOR'S EXECUT IVE ORDER
No State or other public fund !l paya ble under this Contract shall be used for the acquisition, operation or maintenan ce of computer
software in violation of United Stales copyri ght laws or applicab le licensing restrictions . The Contractor hereby certifies that, for the
tenn of this Contract and any extensions, the Contractor has in pince appropriate systems and controls to prevent such improper use of
public fu nds. If the State detennines that the Contractor is in violation of this pilrngraph, the State may exercise any remedy avai lable
at lnw or equity or under this Contract, including, without lim itation , immed iate termination of the Contrncl and any remedy
consistent with United States copyright laws or applicab le li censing restri cti ons.
8, EMPLOYEE FINANCIAL INTEREST. CRS 2~18-201 & CRS 24-SU-507 The signatorie s aver that 10 their know ledge , no
employee of the State of Co lorado has any perso nal or benelicial interest whatsoever in the service or property des cribed herein.
APPENDIX B
Pa.go 22 of 23
•
SPECIAL PROVISIONS
• CONTRACTOR:
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
STATE OF COLORADO :
•
•
GOVERNOR
C;-/-t J fn~le.wooi toloudo
gal Name ore tracting Enlity
By ____ ~-------
Executi ve Director
Department of ________ _
Social Security Number or FE IN
LEGAL REVIEW:
Sign 11urc of Aulhorized Officer
A ITORNEY GENERAL
CORPORA TIO NS:
(A corpontc 1tte1tation il required and ICII, if avai lable.)
Attest (Seal) By ___________ =~-~--
(Corpon te Scmwy or Eq ui\'a lenl , or Town/City/County Clerk)
I. ALL CONTRACTS MUST BE APPROVED BY THE STATE
CONTROLLER
CRS 24•30-202 requJres that the State Coolroller approve all state contracts. This contract is not valid until the
State Controller, or such assistant as he may delecate, has signed It. The contractor ls not authorlzed to begin
performance untll the contract ls signed and dated below. If performance beclns prior to the date below, the State
or Colorado may not be obligated to pay for the goods and/o r services provided.
STATE CO 'TROLLER :
By _____________ _
Date. _______________ _
Re,lsed: 7/1 /03
Page 23 of23
Colorado Department of Transportation Origin Dalo: 04/30/2003 Project code: 14532 ISTIP m.mbor:
DESIGN DATA Re vise Date : Project number: M395-009
PEP PF Pr N1.nber
0 Motrlc [?.'.) Engll oh Revision I : I
Rogian : 06 I Pr go 1
Q linal Q revised
I
SlaluS: • prellmlnory
Project descrl ption:BIG DRY CREF.K BIKE PATH •• Revieedby. I I Preperod by.
jCo unly3: Da ve Henderson Counly1 : Arapahoe Coonly'-.
Date: 04/30/2003 Date: I I Munlclpelily: Englewood
S-by Proj .Mg Approved by Preconslructlon Engineer. Syslem code: Q IM Q NHS e sTP Q OTHER
Oversight • COOT Q FHWA Q OTHER
Dalo: 04/30/2003 Plannad length: 0.8
Geognlf)hic location :
Big Dty Creek. from Fox Street to Broadway
TelTlin IWI: Q Level Q Pieins Q Rolllng • Urban O Mouitaincul
[)-,lpClon ol pn,posed constructloo/lmpmvwnent (attach map showing 11111 location)
Build 10' wide, ADA-Compliant concrete path from CU IT"!1 '1 tnH terminus near Fox Strcct to Broadway. Build underpasses beneath Lehow and
Broad way and ramps to street grade at both locati ons
i1Trafflc (Noto: use coh.mns A B, 8/ld/o, C 10 ldenllfyfdly desclll>ed below)
Cumin! year. . -Future year: --Fadlllv location
Foclllty NJT DHV DHV %1rvcko NJT DHV lndusl!laJ CO<nmen:lal Residential Othet
A [J [] [] LJ
B LJ LJ l J u
C u u u []
9RdwyClooo Route Rolpt Endnfpt Functional claufftcatlon Focllltytype Ruralc:odo
1, 999 ..
2. -:I.
l!I Dooign Slandordl (I d "'Illy aubstandonl Items with a c:l1ectunart n 1st column and clarify In remllb)
A • B• C•
Standard Existing Propohd Ulti mate Standonl Exlstir.-, Proposed Ultimate Standonl Eldstlng Proposed U!tlmalt
□ Surface,.,,,.
Typloal aaction lype 8 lol travellanel
Wldtholtravellanel □ Shoulde< wd. ltJmedian □ Shoulder wd rtJou1Slde a Side alope dist ('z')
Median width □ Posted~ □ Design speed 8 Max. superel ovation
□ Min . radlUI
-..n. horizontal ssd □ Min . vertical ssd 8 Max. gredo
Proj ect under O 1 R Q 3R Q 4R O 01her. criteria Existing guerorall moots currant SUlndaros : O Vot Q No
Vartance In minimum doslgn slandaros req ui red O Yes O No ID Solely project Comments : 8 Justification attached R Request to be submitted Not all standards
·f~ • Bridge (SN item 4} SH remerks addressed I I r 7 Sllgl conslructlon .... HBIT A,P:
I rl~=~=~s conce rning salety aspects attached
COOT Form 1463 7/2001
Standard Structure Horizontal Vertlcal Year
Width A Load ciearance aearance Built
Proposed treatment of bridges lo remain In place (addres s bridge rail, capacity, and -e surlace -...S)
Yes "->
ROW ,nd/o, perm . eesemenl required : 0 e
Relocation required: O e
Temponuy eesement requi red : 0 e
Changes In access: 0 e
Changes to connecting roods: 0 e
I Coordln1Uon
0 none
Est No . Utll-(list nemes or known utmty companlee)
p....,, ocllon Concltion ol
Wtthdrawn lands (power sites . mel'Y'Olrs , etc.) cl88Ied through BLM fOfest s8MCe office lntgallon ditch name:
Modify schedule ol e>dsUng o,dlnence M<.nlclp,•llly:
noAdAteson: 0 Design
Q P.O.
Q Study
Q COOTF/A
(Include additional pages If ne4ded)
Q Local F/A Q AA F/A EnUty/Agency contact nemt: _D_av_e_H_enden __ o_n ____ ---<
Q UtllllyF/A Phone number. 303 -762-2506 0 M!scallaneous
EXHIBIT A, Page~ or-2,_
CoplH lo: Region Flies . Region Env. Manager, Slaff Design Branch (CA), PMO, Fl ,n Bridge or where approprl■ta
I. EXIUBIT C FUNDING PROVISIONS
A. The Local Agenc y has est imated the tot al cost the Work to be $750,000.00 which is to be
funded as follows :
1 BUDGETED FUNDS
a. Federal Funds $600 ,000 .00
(80 % of Participating Costs )
b. Local Agency Match ing Funds $150 ,000 .00
(20% of Part icipating Costs)
Local Agency Match ing for COOT -
c. Inc urred Non-Participating Costs $0.0(
,i,.,~_'CJ lng Non-Participating Indirects)
:iorAL BUDGETED FUNDS $750 000 .0<
2 ESTIMATED COOT-INCURRED COSTS
a. ede ra l Share $0 .0(
(80 % of Part icipa ti ng Costs)
b. Local Share
Local Agency Share of Participating Costs $0 .00
Non-P articipa ti ng Co sts (Including Non-
Participati ng Indirects) $0 .00
Estimated to be BIi ied to Local Agency $0 .00
TOTAL ESTIMATED COOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $600 ,000 .00
b. Less Est imated Federal Share of CO OT-I ncurred Costs (2a) $0 .00
TOTAL ESTIMATED PAYMEN T TO LO CAL AGENCY $600 ,000 .00
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount ($600 ,000 .00
divided by 80%) $750,000 .0C
Less ROW Acau isition 3111 $0 .0C
Net to be encumbered as follows : I s150 ooo .oc
...
Designl 2312 1P I 30201 5100000 .oc
Cons~2312 1 P I 33011 $650 ooo .oc
Exhibit C -Page I of 2
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• B. The matching ratio for the federal participating funds for th is project is 80% federal-aid funds
(CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies
only to the $750,000.00 that is eligible for federal participation , it being further understood
that all non-participating costs are borne by tlie Local Agency at I 00%. If the total
participating cost of performance of the Work exceeds $750,000.00, and additional federal
funds are made available for the project, the Local Agency shall pay 20% of all such costs
eligible for federal participation and 100% of all non -parti cipating costs; if additional federal
funds are not made available, the local agency shall pay all such excess costs . If the total
participating cost of performance of the Work is less than $750,000.00, then the amounts of
Local Agency and federal-aid funds will be decreased in accordance with the funding ratio
described herein . The performance of the Work shall be at no cost to the State .
C. The maximum amount payable to the Local Agency under this contract shall be $600,000.00
(For COOT accounting purposes , the federal funds of $600,000.00 and local matching funds
of $ I 50,000 .00 will be enCUJT\bered for a total encumbrance of $750,000.00}, unless such
amount is increased by an appropriate written modification to this contract executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
• cost of the Work stated hereinbefore is the best estimate available, based on the· design data
as approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
•
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from fe deral and/or state and/or Local Agency sources , as
applicable . Should these sources, either federal or Local Agency, fail to provide necesrnry
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 ,e rmination .
Exhibit C -Page 2 of 2
EXAMPL E A (Lwnp Swn Co nttac ts) E1hlblt D, Pa&• I of 5
Company Name: Vr"ject No . 4.
Addre ss: Pro;~, Location
Emp loyer (FEIN) ID Nwnber: SubPccount No .
Iovoice Nwnber and Date : I
Progress Repon Dated:
% Comp leted: (I)
Current Billing Period: From: To :
BASIC AND / OR SUPPLEMENT AL CONTRACT TOTAL: (2) s
Tota.I Billed to Date : s
Less : Retainage (10% ofbilling not to exceed 5% of conttact) s ~t
Less : Prior Payments : s
Prior Billing : S Less Retainage: S s
TOT AL CURRENT PAYMENT REQUEST : • s
(% To date of DBE work: )
I ccnify that the billed amounts are in agreement wi th the co ntract tcnns :
"' -· -
•% Completed x Contrac t Total ~ Tota l Cwreot Payment Reque st
(I) X (2l • r•l •
Exhibit D -Page I of 5
EXAMPLE B (Cost Plus Fixed Fee Co ntr.1 ctsl Exhibil D, P12e 2 of 5
Comoanv Name: Project No .
Address :
Emol ove r <FEU..~ ID Nun,be r: Proj ect l oca tio n -Unvoicc Nwnbcr illl d Date : -Prol!Tcss Rcoort Dated : Subaccount No .
% ComDlctcd :
BAS IC AND I OR SUPPLEMENTAL CON TRACT TOTAL $
Prior ocriod Billine: Amount: s
Current Billine. Pe ri od : From: To :
DIRECT LABOR : (List individually)
Regular Dire ct Hourly Rate Ovc nimc Cos t
Emplo yee No me Class ifi cati on Hours s Hours• s
CWTcnt This Peri od Total Amount to
Date /O ntional)
Subtotal -Direc t Labor s $
Indirect _(%) (as specifi ed in contract) s s
OTHER DIRECT COSTS (In -House)
List individually -at actual cost as in l.~ .• l cost proposal ; milea ge (mi les X S), s s
CADD (hrs . x Sl . eauin. renllll (hrs. x $), etc.
SUBTOTAL (DIRECT LABO R. INDIRECT & OTHER DIRECT COSTS) $ s -• FEE(%) (,_.specified in the contract) s s
·--OlITSIDE SE RVICE S (S ubconsullllDts & Vend ors) (List individua ll y) s s
(To be h1 the same fo nnal -atbch co oics)
% To Date on DBE Wo rk s s
Outside Serv ices Ma nag emen t Expense (when app li cable) $ s
TOTAL CURRENT PERIOD · $ s
TOTAL TO DATE : s s
LESS : Rctainagc (10% of billing n<'l 10 exceed 5% ofcontr:i ct) $ s
LE SS : Prio r P:i)ments s s
Prior Billin g S Less Rcuinage S s s
TOTAL CURRENT PAYMENT REQUEST s s
I ce rti fy tluu the bill ed amount s are ac 1ual and in agrecmc:11 wit.lith e co nm1ct terms :
S1 gnalu rc tlUC u31C
•Eliuibl C' class ific:itions onl y: in !'ccordancc with co ntra ct •
Exhibit D ·-Pa ge 2 of S
EXAMPLE C (Speci fi c Role s or Pa v Contnicts\ Exhibit D, Pa•e 3 of 5
Conmanv N11mc : Project No .
Arldrcss :
Emolo vcr IFE!Nl ID Nwnbe r: -Projec t Location
Invoice Number and Date : ....
Pro,ucss RCl)()n Doted : Subaccount No. ~.,
% Co nmleted :
BASI C AND / OR SU PPLEME NTAL CONTRACT TOTAL s
Prior Period Billimz Amount: s
Current Billin2 Period : From: To:
PAY RATES: (Li st ln dividua ll vl
Regular Overtime Rates or Pay Cos t
Emp loyee Name Classification Hours Hours• S/Hows .. s
SUBTOTAL-PAY RATES: s
OTHER DIRECT COSTS (In-House) s
Li.st individuall y-at actual rates as in final cost proposal ; mileage (mile, XS),
CADD (hn. x Sl , eouio . rental (hn. x Sl, etc. s
SUBTOTAL (Pay Rates lllld Other Direct Rates)
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) s (To be in the same format-attach co oies)
% To Date on DBE Wo rk s ....
Outside Services Management Expense (when app licable) s
TOTAL CURRENT PERIOD: s
TOTAL TO DATE : s
LESS : Rctaina ge (10% of billing not 10 exceed 5% of co ntract) s
LESS : Prior Payments s -Prior Billin g S Les s Rctaina gc S
TOT AL CURRENT PAYMENT REQUEST s
I ccnify that the billed :i.mounts nre actual and in agreement with the con tract tent\S :
Signature Title Date
'Eligible classifications only : in ac co rdance with contract
•• In acc ordance wi th contract
•
Exhibit D -Page 3 of 5
~~~i:. (Local Asenc~ Billin2l Date E1hl blt D, P12e 4 or 5
CONTRACfDATA
Local Agency: Project No .
Address: • Employer (FEIN) ID Number : Project Location
Invoice Number o.nd Date:
% Comp leted: Subaccount No .
BASI C AND/OR SUPPLEMENT AL CONTRACT TOTAL : s
Fede ral Share s
Local Agency Share s
State Shares
Prio r Period Billing A.11\0 un t: s
Cwrent Billin2 Period : From: To :
SECTION U. INCURRED COSTS
DIRECT LABOR: (List ir:!ividually)
Employee Clas:..ification ReiU lar Direct Hourly Overtime Cost
Na ni " Hours Rate S Hours• s
Cwreot Tota l lo
SUBTOTAL-DIRECT LABOR This Period Da te
BENEITTS % OF DIRECT LABOR s s
OTiiER DIRECT COSTS (In-House) s s
•· List individual ly~at actual cost;
Mileage (miles x S), CADD (Ju,. x S), s s
Equip rental (hrs . x S), etc .
OUTSIDE SERVICES (Consultants & Vendors)
(Lis t individuall y) (To be in this same fonnat-s s
attach cop ies of invoices)
TOTAL COSTS CURRENT PERIOD: s
TOT AL COSTS TO DA TE: s
SECTION JU . BILLING
TOTAL BILLING CURRENT PERIOD
L_% OF TOTAL COSTS): s
Prior Billing : s
I certify tlut the billed umounts are actu nl and in agreement wilh the contract terms.
Simature Title Date
.Eh g1ble class1ficabons only
Exhibit D -Page 4 of 5
EXAMPLE E (Fixed Multiolier Con1n1ctsl Exhibit O PHe 5 or 5
Comoanv Name: Project No.
Address :
Enm lover /FEIN) ID Nwnber: Project Location
Invoice Nwnbcr and Date : ..
Proh'css Rc:non Dated : Subaccount No . ..
% Comoletcd :
BASIC AND ; OR SUPPLEMENT AL CONTRACT TOT AL $
Prior Period Billin• Amouot: $
Current Billin• Period: From : To:
PAY RATES : (List lndividuallvl
i Regular Certified Fixed Co:a
Employee Name Classification Hours Hourl y Rates Multiplier $
I
I
I
I -SUBTOTAL-PAY RATES : s
OTHER DIRECT COSTS (In-House) $
List individually -at actual ra ws as in final cos t propos al; mileage (miles X S),
CADD /hrs . x Sl. eauio . r,ntal /hrs . x $), etc. $
SUB TOT AL (Pay Rates and Other Dire ct Rate s)
OUTSIDE SERVICES (Subconsultants & Vendors) (Lis t individually) s (To be in the same format -attach copies)
% To Date on DBE Work $ ~· Outside Services Management Expense (when applicable) $
TOTAL CURRENT PERJOD : $
TOTAL TO DATE : $
LESS : Rctainage (10% of billing not to exceed 5% of contract) $
LESS : Prior Payments $
Prior Billing S Less Retainage $
TOTAL CURRENT PAYMENT REQUEST $
I certify that the bill ed amounts are actua l and in agreement with the contract tenns:
Signai.ure Title Date
•
Exhibit D -Page 5 of 5
•
•
ADDENDUM B: CONTRACT MODIFKATION TOOLS
The Local Agency and the State may ur a a funding Letter in order to more expeditiously change and
amend the terms of this contract, if sur!, use is warranted by tlie circumstanc.es as described and
authorized therein .
FUNDING LEITER .
The state may allocate more or less fumts available on this contract using a Funding Letter subst&.'1!ially
equivalent to Exhibit E and bearing the approval of the State Controller or his designec . The funding
lett,,r shall not be deemed valid until it shall have been approved by th L State Controller or his detiignee .
Addendum B -Page I of 2
COLOMOO OEPAUMENT OF nANSPORTATION AUTliORITY :
CONTIIACT FUNDING INCREASE/DECREASE AND APPROVAL I.ETTER State Controller Polley letter on June 12, 1996
Region : Complete section 1 and submit to COOT Controller's office . COOT Controller le tter on Mav 2 3 1996
(1 )This form to be used for the following contracts /situations only (c heck the appropriate situation): I' _Indefinite quantity, order more /add mace _utility/railroad, underesti mated total cost
_COOT construction , sum of CM O's _LA construction, und~restlmated cost
COOT construction, underestimated total cost COOT consultant underesti mated cost
SECTION 1 (Reoion use)
Date: 121 Prolect code (3)
To : COOT Controller (FAX #(303) 7S7-9S73 or e-mail CONTROLLER) ProJect # (4)
From : I Office : (S) Phone# (S) I FAX ~ (S)
Reaion # (S)
COOT has ex ecuted a contract with : (6)
'
Address : (6)
FEIN# (6) Contract routing # (7) COFRS encumbn.nce # (Ind icat e PO , SC or PC I) (8) -Fund I Orgn . I Appro. I Prgrm. Fune . , Object /Sub -obj N /P I GBL Reporting Catg . I Pr oJ/Sub/Phase
(9) (9) (9) (9) (9) (9) (9) (9) (~)
Original contract amount Has a Budget Request been processed to cover the contract amount In crease?
S 00) ves no 041
Previous runding Letter(s) total Preparer's name (1 S) ' S (11)
!Fundiftti.ntt•l • .'•rv• _J PHONE NO :
This Funding Lettertotal Contract Administrator's /Busines s Manager's Approval
s (12) (16)
(I__J PHONE NO :
Adjusted co ntract amount COOT Deslgnee Approval
S (13) (17)
Local Agency approval
(18)
SECTION 2 (Controller's Office use) (19)
Total allotment amount i:ommlsslon budget
s (19) s (19)
If construction : I CE charges I indirect chgs I A~Justed con1rac1 amount~;,, 101ai CE & indirect
_ CE pool ellg . (19) S (19) S (19) charges ;:Jlculatton S (19)
I ha, • ,evle w,' the financial status of the project, organization, grant and have determined that sufficient funds are available
to co, r ~1 .,crease effective as of (19)
State Co, . ..,;ier or Oelegee I Date it
(20) (20)
Addendl!lll B -Page 2 of 2
COLORADO DEPARTMENT OF TRANSPORTATI ON
a LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
-Project No . I STIP No . I Project Code I :eglon M395-009
14532
Project Location I Dale
Bia Orv Creek from Fox Street to Broadwav 04130103
Project Descripllon
Build 10' wide ADA-Compliant concrete path
Local Agency Local Agency Pro ject Manager
Enolewood Dave Henderson
COOT Resident Engineer COOT Project Manager
Myron Swisher Kevin Hsu
INSTRUCTIONS :
This checklist sh all be utilized to establish lhe contract administration responsibilities of lhe individual parties to this agreement.
The checkJlst becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the COOT Local Agency Manual.
The checklist shall be prepared by placing an ·x· under lhe responsible party, opposite each of the tasks . The "X" denoles lhe
party responsible for initiating and executing lh • task. Only one responsible party should be selected. When neither COOT nor
the Local Agency is responsible for a task , not applicabl e (NA) sha ll be noted. In addition, a "#" will denote lhat COOT must
concur or approve .
Tasks that will be perfonned by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures , will determine wino will perform all other tasks lhat are lhe responslblllly of COOT . • t The checklist shall be prepared by lhe COOT Resident Engineer or lhe COOT Project Manager, in cooperation with lhe Local
Agency Project Manager, and submitted to lhe RJQion Program Engineer . If contract admlnlslratlon responsibilities ch ange, the
COOT Resident Enoln-in coooeralion wilh the Local AQencv Prolect Manaoer, will prepare and distribute a revised checklist.
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA COOT
TIP / STIP AND LONG-RANGE PLANS
2-1 I Review to ensure conslstencv with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by phases (COOT FOffll 418 -Federal -aid Program Data . Requires FHWA X
concurrence/Involvement)
PROJECT DEVELOPMENT
5-1 Preoare Deskin Data -COOT Form 463 X
5-2 Preoare Local Acencv/CDOT Inter-Governmental Ameemenl (see also Chapter 3) X
5-3 Conduct consultant selection!oxecute aoreement X
5-4 Conduct Design Scoolno Review meetlna X -5-5 Conduct aublic invol vement X ~jf onduct Field lnsnection Review X
5-7 Conduct environmental orocesses lmav reau ire FHINA. concurrence/invotvemenO X 'K. -· Acauim riaht-of-wav rmav reoulre FHWA c:oncurrence/lnvolvemenn X
5-9 Obtain utilitv and railroad aareements X
5-10 Conduct Final Office Review X
5-11 Juslifv force account work bv lhe Local Anencv X
5-12 Justifv orocrietarv items X
5-13 Document desian exceotlons -COOT Form 464 X
5-14 Preoare olans, soecifications and construction cost estimates X
-~15 Ensure authorization l)f funds X
~
COOT Fonn 1243 07/02 Page1 of 4
Previous editions are obsolete and may not be used
NO . DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1
6·2
Se t UnderuUliz ed Disadvantag ed Bu siness En te rprise (UBDE) goals for co nsultant and
construction Contracts COOT R ion EEO/Ctvil R hts S alist
Determine applicability of Davis-Bacon Act
This proj ec t D is [811s not exe mpt from Davis -Baco n req uirements as determined by the
functiona l classificatio n of the project location (Projects located on local roads and rural
minor collectors may be exe mpt.)
_K'l<'l'I s ....i7,I,/.,, J./J•/. 1
CDOfResldent E inee r -D~a.c.te-"--"---------
•the-Job Training goals. Goal Is zero W total constructlo n Is less than $1 mllllon (COOT
EEO /Civil Rl his S alls!
e correct Federal Wage Decision, all requi red Disadva ntaged Bu si ness
•the•Job Training special provisions end FHWA Fenn 1273 are Included In the
T Resident E neer
DAWARD
,cate of Proposed Underutilized DBE Partlclpatlon when the
erutil ized DBE Good Faith Effort Documentatlo n and
made a good faith effort when the low bidder does net meet
documentation for COOT award concurrence
m COOT to awa rd
a Is in COOT Construction Manual
nda Is In COOT Constrvction Manual
nstruction Manual
of Planned Co nstructio n to media and local residents
A Professional Engi neer (PE) regi stered In Colorado , who wi ll be ·in respo nsible charge of
co nstru ction supervisio n.~
Ph one number
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COOT Form 1243 07 /02 Page2 of 4
Prevl o1.., editions aro obsolete an d may not be uHd
•
•
•
RESPONSIBLE
• OESC~eTION OF TASK PARTY
LA COOT
COOT Res ident En<llneer
Provide competent , experienced staff who will ensure the Contract wor1< Is constructed In
accordance with the nlans and snaclficatlons X
Construction lnsoection and documentation X
8-5 •n=ve shoo drawlnos X
t
--
8-6 Perfo rm traffic control lnenAl"lin.ns X
8-7 Perform construction surve \llt'V'I X
8-6 Monument rto ht-of-wav X
8-9 Prepare and approve Interim and final Contractor pay estimates X
Provide the name and phone number of the person authorized fu this task .
"'D~~ ~~" c:1.~..,., 0 ') JoJ•1_6l· z.ro ~
Local Aaencv ReomsentaUve Phone number
8-10 -•-and anrvove Interim and final utilllv/rairoad bHllnns X
8-11 naoare Local .11naru-u reimbursement reouests X
8-12 ....-.n.ar. and authorize rn~nnA orders X
8-13 annmve aD ct,s1rv19 orders X
8-14 Monitor nm<ect financial starus X
8-15 -re and submit monthlv .......,..ress rel'.Xlrts X
8-16 Resolve Contractor clalms/d••N •es X
8-17 Conduct routine, random project mviews
Provide the name and phone num ber of the person responsit>Je for this taslt. X
H;'(I~ Sw,Jh-t...-J •l • '\I~-~qi.
COO -Resident Enolneer Phone number
MATERIALS
9-1
9-2
9-3
9-4
9-5
9-6
9-7
9-6
9-9
-10
Conduct Materials Preconstruction meetlna X
COOT Form 250 • Materials Documentation Record . Generate form , which Includes determining the minimum number of required tests and X
applicable material submittals for all materials pla ced on the proj ect . Update the form as work progres ses X . Comolete and distribute form after work is oomoleted X
Perform nm1ect acceptance samnles and tests X
Perform laboratorv verificatlon tests X
Accept manufactured products X
Inspection of structural compon ents: . Fabrication of structural steel and pre-stressed concrete structural compo nents X . Bridge modular expansion devices (0" to 6" or gn,ator) X . Fabricatlon of bearing devices X
Annrove sources of materials X
Independent As surance Testi ng (IAT), Local Age ncy Procedures D COOT Procedures 181 . Generate IAT sc hedule X . Schedule an d provide notification X . Conduct IAT X
Ap prove mix desig ns . Concrete X . Hot bituminous oavement X
Check fina l materials documentation X
Comolete and distribute final materials aocumentation X
COOT fom, 12◄3 07/02 1"1ge3 of 4
Previous editions •re obsolete and may not be used
3
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill oroiect bulletin board and oreconstructlon packet reouirements
10-2 COOT Fann 205 • Sublet Penni! AppllcaUon
Review and sign completed COOT Fann 205 for each subcontractor, and submit to
EEO/Ci vil Rlahts Soecialis1
10-3 Conduct employee interviews . Comple te COOT Fann 280 • Equal Employment Opportunity
and Labor Compl iance Verification
10-4 Monitor Di sadvantaged Business Enterprise participation to ensure compliance with the
~commerciallv useful funcuan· reaulrements
10-5 Conduct ba lnee Interviews . Complete COOT Fann 200 • OJT Training Questionnaire when
oroiect utilize s on-the-lob trainees
10-8 Check certified oavrolls !Contact Ille RooJM EEOICMI Rlnhts SnonalJsts for oalnlna reouin!ments .l
10-7 Submit FHWA Fann 1391-Hiohwav Construction Conlrac1o(s Annual EEO Reoort
FINALS
11-1
11-2
11-3
11-4
11-5
11-6
11-7
11-8
11-9
11-10
11-11
11-12
Conduct final project inspection , and complete and submit COOT Fann 1212 • Final
Acceptance Report (Resident Engineer wllh mandato,y Local loqency par1lclpalion .)
Write final oroiect acceotance letter
Advertise for final settlement
Prepare and distribute final As-Constructed olans
Check final ouanUUes final nr:m111: 2 nd the final oav esUmate
Check nd submit final material cer1ification lsee Chaolef 91
Obtain • Contractor DBE Payment Certification from the Conlactor and
submit to the Resident Enolneer
Process final oa~nt
Obtain FHWA Fann 47 -Statement of Materials and labor Used ... from the Contractor
Complete and submit COOT Fann 950 • P-Closure
Retain orolect records for six vears from date of orolect ciosure
Retain final versk>n of this checklist and distribute coPtes
cc: COOT Resident Engineer/Project Manager
COOT Reg io n Program Engineer
COOT Region EEO/Civil Rights Specialist
COOT Region Materials Eng inee r
COOT Contracts and Markel Ana lysis Branch
Local Agency Project Manager
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COOT Form 1243 07/02 Page4 of-4
Prev io us editions are obsolete and may not bo used
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•
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ATTACHMENT#!
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT
AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVlCES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federall y funded local agency proi ec t ogreement
administered by CDOT that involves profess ional cons ultant services. 23 CFR 172 and 23 CFR I 72(d) stole that, "When
federal-aid highwo y funds parti cipate in the co ntract a local shall use the same procedures as used by 1hc Stine to
administer contracts ... ". Therefore, loca l agencies must comply with this CFR requirement and the fo llowing state
proccdwcs when obtaining professional co nsultant services under a federall y funded consultant co ntract admini stered by
CDOT.
CDOT bas fonnulated its procedures in Proc edural Directive (P .D.) 400.1 and the related operu1ions guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e., 23 CF R 172 and Colorado Revised Statute (C.R.S.) 24-30 -1401 et seq. Copies of the directive
and the guidebook may be obtained upon request from CDOrs Agreements and Consultant Management Unit. [Local
agencies should have their own written procedures on file for each method of procurement that addresses the itcnu in 23
CFR l72 .5{b){l-6)].
Because the procedures and laws described in the Procedura l Directive and the guidebook arc quilc lengthy, the
subsequent steps serve as a sbon-hand guide lo COOT procedures thal a local agency mus: follow in obtaining
professional consultant services . This guidance follows the fonnat of 23 CFR J 72. The steps arc:
1. The contracting loca l agency shall document the need for obtaining professional services .
2. Prior to solicitation for c ~ultant services, the contracting local agency shall develop a detailed scope of work.
and a list of evaluation factors and their relative importance . The evaluation factors are 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 co ntracts in conformity with the requirements ofC.R.S. 24-30-1405.
The public notice period, when such notice is required. is a minimwn of 15 days prior to the selectio J of the three
mos t qualified firms and the advertising should be done in one or more daily newspapers of ge neral circulation,
4. The request for consultant service s should include the scope of work, the evaluation factors and their relative
importance , the method of paymen l, :ind lhe goal of ten percenl (10%) Disadvantaged Business Enterprise (DBE)
panicipation as a minimum for the project
5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403 . This section
of the regulatio n identifies the criteria 10 be used in the evaluation of COOT pre -qua lified prime consultants and
their team It also shows which criteria arc used to shon-list and to make a fina l selection.
The shon-list is based on the following evaluation fac1ors:
a. Qualifications,
b. Approach to the prnjec~
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furni shing the profes sional services .
Evaluation factors for fina l selection are the consultant's:
a. Abilities of their pcrsoMcl,
b. Past performance ,
c. Willingness to meet the time and budget requirement,
d. Location,
c. Current and projected wo rk load.
f. Volume of previously awarded contraclS , and
g. Invo lvement of minority consultanls.
Attachment # I -Page I of 2
6.
Under 24-30:1401, cost shall not be considered 11 1 factor In •he ev1lu1tlon of profHJtoaal couuJtaot
!mlm.
Once a consultant is selected, the loc al agency cnten into negotiations with the consultant to obtain a fair and
reasonable price for the anticipated work. Pre-negotiation audits ue prq,arcd for contracts expected to be greater
than $50,000. Federa l reimbursement for costs are limited to those costs allowable under the cost principle, of 48
CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, dotttion, and degree of
risk involved in the work. Profit is in the range of six (6) to fifteen (I 5) percent of the total direct and indirect
costs.
7. A qualified local agency employee shall be respoosiblc 111d in charge of the project to eosun: that the work being
punucd is complete, accurate, and consistent with the terms, conditions. and specifications of the contract At the
end ofprojec~ the local agency prepares a perforr .mce evaluation (a CDOT form is available) on the consultant
8. Each of the steps listed above is to be documented in accordance with the provisioos of 49 CFR 18.42, which
provide for records to be kept at least three (3) years from the date that the local agency submita its final
expenditure report . Records of projects under litigation shall be kept at least three (3) year,, after the cue bu
been settled.
The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400 .1, provide additional details for complying
with the eight (8) steps just discussed.
Attachment ,'II • Page 2 of2
•
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• FHWA Form 1273
REQUIRED CONT C' .ACT PROVISIONS
FEDERAL-AID CONS'1'RUCTION CONTRACTS
•
•
I. General .......... , ..
II . Nondlsaimlnatlon.
111. Nonsegregated Fa ciUUos .......................... .
IV . Payment of Predetermined Minimum Wage .....
V. Statements and Payrolls , ........ .
VI. Record of Material,, Supplles, and Labor ............ ..
VII . Subletting OI' Assigning the Contract ........... .
VIII . Safety: Accident F-revent!on ............................... .
IX. False Statements Concerning Highway Projects .. .
X. lmplementadon of Clean Air Act and Federal
Water Pollution Control Act ................................................ .
XI. Certification Regarding Debarment, Suspension ,
lneliglbllity, and Voluntary Exclusion ............... .. ..
XII. Certiflcadon Regarding Use of Contract Funds fOf
Lobbying ..........
ATTACHMENTS
A. Employment Preference fOf' Appalachia
Contracts
Onduded in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all WOO(
performed on the contract by the contro.-:.tof's own organization
and with the assistance of WOf1tera under the contractor's
Immed iate superintendence and to all work perfonned on the
contract by pleceworic, stadon won<, or by subcontract.
2. Except as olherwise provided for In each section , the
contractor shall insert in each subcontract all of the stipulations
contalne~ In these Required Contract Provision:;, and further
require th1:1r lndusloo !n any lower tier subcontract or purchase
order that may In tum be made . The Required Contract Provi-
sions shall not be Incorporated by reference In any case. The
prime contractor shall be responsible f0< compliance by any
subcontractor °' lower tier l.ubcontractor with these Required
Contract Provisions .
3, A breach of any of the !i~pulatlons contained In these
Required Contract Provisions shall be sufficient grounds for
tenn lnaUon of the contract.
4. A breach of lhe ,ullowtng clauses of the Required
Contract Provisions may also be grounds for debanTie nt as
provided in 29 CFR 5.12 :
Section I, paragraph 2;
Section IV , para graphs 1, 2. 3, 4, and 7;
Section V. paragraphs 1 and 2a through 2g .
5. Disputes aris ing out of the labor standards provisions of
Section IV {except paragraph 5) and Section V of these
Required Contrac.1 Provisions shall not be subject to the
general disputes dause of this contract. Such dispute-shall
oe resolved In accordance with the procedures of the U.S.
O!partment of Labor {DOL) as set forth In 29 CFR 5, 6, and 7.
Disputes within the meaning of this dause lndude disputes
between the contractor {or auy of Its subcontractCM'1) and the
contracting agency, tho OOL , Of ~ contractor's employees or
their representatives.
6. Selection of Labor: During the performance ol this con•
tract. the contractor shall not
a. discriminate against labor h'om any other State ,
possession, or territQfY of U,e United States (except for
employment preference for Appalach ian contracts, when
applicable, as specified in Attachment A), Of
b. employ convlct labor for dny purpose 'Nithln the UmUs
of the project unless It Is labor performed by convicts 'Ntlo are
on parole, supervised release, Of probation .
II. NONDISCRIMINATION
(Appli:-able to all Federal•aid construction contracts and 1..,
all rela'.ed £Ubcontracts of S10.000 or more .)
1. E~u:.I Employment Opportunity: Equal employment
opportunity (EEO) '8qulrements not to discriminate and lo take
afflnTiative action to assure equal opportunity as set forth under
laws, executive orders, r Jl&s, regulations {28 CFR 35, 29 CFR
1630 and 41 CFR 60) and oniers of the Seaetary of Labor as
modified by the provisions prescribed herein, and lmpo~ed
pursuant to 23 U.S.C. 140 shall constitute the EEO and
specific afllnTiatfve action standards for the contractor's protect
activities under this contract. The Eq;ial Opportunity
Cons tructlon Contract Speclflrr'!ons set forth under 41 CFR
60-4.3 and the provision!. :,1 the American DisablliUes Act of
1990 142 U.S.C. 12101 !J HSI,) set for1h undor 28 CFR 35 and
29 CFR 1630 are Incorporated by reference In this contract. In
the execution of this contract, the contractor agrees to comply
with the following minimum specific requirement activi ties of
EEO :
a. The contractor will work with the State highway
a,1:1I11.;y (SHA) and the Federal Go~,.mm11Jnt ln carrying out
EEC 'lbligaUons and in their review of his/her activities under
the contract.
b. The contractor 'Nill accep·. as his operating pollcy the
following statement
·11 is the policy of this Company to assure that appllcants
are employed. and that employees are \teated during
employment. without regard to lhelr race, religlon , sex,
color, national origin , age or dlsc:1b1Uty. Sudl action shall
lndude : employment, upgrading , demotion , or transfer,
recruitment or recru itment advertising; layoff 01'
termlnaUon ; rates of pay or other forms of compensation:
and selection for training, includ ing apprenticesh ip,
preapprentlceshlp, and/or on-lhe-Job training.•
2. EEO Officer: The contractOf will designate and make
known to lhe SHA contracti ng officers an EEO Officer who wiU
have lhe responsibillty for and mu.st be capable of effectively
admlnl!'ilering and promoting an actlvti contractor program of
EEO and who must be asslgnec1 adequate authority and
responslbillty to do so .
3. Dl1nmlnaUon of Polley: All members of the
contractor's stnff who are authorized lo hire, tupervlse,
promote, and discharge employees , Of who recommend such
action , or who are substantially Involved in such action , 'Nill be
Required by 23 CFR 633 .102
Page I of 10
made ruuy cognizan t of, and will Implement, lhe contra ctor's
EEO policy and contractual responslb i'ltles to provide EEO In
ea ch grade ,md classification ol employment To ensure lhal
the above agreemenl will be met , lhe following actions will be
taken as a minimum :
a. Periodic meetings of supervisory and personnel office
employees will be conducted before lhe start of vlOO( and then
not less often than once every six months, at wh ich time lhe
contractor's EEO pclicy and its implementat/on will be
rev:~ 1'18d and explained . The meetings win be conducted by
the EEO Officer.
b. All new suoervisory or personnel office employees will
be given a thOf ,ugh indoctri 1ation by lfle EEO Officer,
covering all major aspec\S of the contractOl"s EEO obligations
within thirty days follO'Hi ng the ir reporting for duty with the
contractor.
c. All per~onnel who are engaged In direct recn 1itment
for the project will be lnstrul.18d by the EEO Ui!k.er in the
conlractor's procedures for locating and hlring mino,!ty grou p
employe0s .
d. Notices and posters setting forth the contractor's EEO
policy wi11 be placed in areas readlty accessible to employees ,
aopllcants for employment and potential employees.
e. The contractor's EEO i:-llflcy and the procedures to
Implement such policy will be t,rought lo the attention of
employees by means of meetings , e-nployee handbooks , Of
other appropriate means .
4. Rtcrultmtnt: When advertising !Of employees , the
contractor will include In all ,1dvertisements for employees th6
notation: •Ar, Equal Opportunl~/ Empklyer: All such
advertisements will be placed In publications havi ng a large
circulation among minority groups In the area from which the
project woril. force would normally be dArived .
a. The contractor will , unless preduded by a valid
bargaining agreement, conduct systematic and direct
recruitment through pubUc and private employee referral
sources likely lo yield qualified minority group applicants . To
meet this requirement, the contractor will identify sources of
potential minority group employees. and establish with such
Identified sources procedures whereby minority group
appllcants may be referred lo the contractor fOf employment
consideration.
b. tn !he event the contractor has a valld bargaining
agreement providing for exclusive hiring hall referrals, he Is
!'lxpected to observe the provisions of that agreement to the
exi.,nl that the system permits the contractor's compliance with
EEO contract provisions. {The OOL has held that where
Implementation of such agreements have the effect of
dlsaimlnaling aga inst minorities or women , or obligates the
contra :tor to do the sc. 1e, such imr.ilementatlon violates
Exec-Jtlve Order 11246 , as <1mended .)
c. The c:ontractof' will encourage his present employees
lo refer minority group applicants for employment. Information
anj procedures "Nith regard to refemng minority group
aopllcanls will be discussed with employees.
5. Ptrso nntl Adiana: Wages , working conditions , and
employee benefits shall be established and administered, and
personne l ..,ct/ons of every type, Including hlrtng, upgrading,
promotion . transfer, demotion , layoff, and termination , shall be
taken 'Nilhout re~ard lo race , color, religion , sex, national
origin , age or disability. The following procedures sha ll be
fc;lowed :
a. The contractor will conduct periodic Inspections of
project sites to insure thal working conditions and employee
facilities do no! Indicate discriminatory treatment of oroject site
personnel .
b. The contractor will periodlca11y evalua te the spread of
wages paid Within each ci ass ificatlon to determ ine any
evidence of d!saimlna1ory wage practices.
c. The contractor will periodically revtew selected
personnel actions In depth to dete rmine whether there Is
evidence of discrimination. Where ~vldence Is found , the
contractor will promptly lake corrective action . If the review
Indicates that the discrim ination may extend beyond thr.
actions reviewed, such corrective action sha ll lndude a11
affected persons .
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with his obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a. reasonable lime. If the Investigation Indicates that the
dlscrimlnation may affect persons other thar1 lhe complainant,
such conectlve action shall lndude such other persons . Upon
completion of each investigation, the conlractor wlll inform
ewry comDiainanl of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist In locating, qualifying, and
Increasing the skills of minority group and women employee s,
and applicants for employmenl
b. Consistent with the contractor's wor1< force
requlremenlS and as penn lssible under Federal and State
regulations, the contracta-shall make full use of training
programs , I.e., apprenticeship, and on-tha.job training
programs for the geographical area of contract perfOOllance.
Where feas ible, 25 percent of apprentices or trninees In each
occupation shall be In their first year of appre nticeship or
training . In lhe event a special provision for !raining Is provided
under tnls contract this subparagraph will be superseded as
Indicated in the sptical provision .
c. The contractor will odvise employees and applicants
for employment of available training programs and entrance
requ irements for each .
d. The contractor will period ically review the training and
promotion potential of minority group and women employees
and will encourage eligible employees to apply for such training
and promotion.
7. Unions : If the contractor relies in whole or In part upon
un ions as a source of employees, the contractor wlll use
his/her best ettorts to obtain the cooperation of such unions to
Increase opportunities for minority groups and IHOITI&n within
the unioos, and to ettect referrals by such unklns c-f minority
and female employees . Actions by the contractor either
directly or through a contractor's association acting as agent
will lnciude the procedures set forth below:
a. The contractor will use best efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minority group members and women
lor membership In the unions and Ir creasing the skills of
minority group employees alld women so that they may qualify
for higher paying employmenl
Required by 23 CFR 633. 102
Page 2 of 10
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b. The contractor will use best efforts to Incorporate an
EEO clause Into each union agreement to the end that such
unl01 1 will be con tractualty boond to raler applicants without
regard to lheir race , cok>f, reflgion . sex, national origin. age or
dlsablli fy .
c. The contractor Is to obta in infonnauon as to the
referral practices and pallci es of the labor union except that to
the extent such lnfonnaUon Is within the exclusive possession
of the lat'lor union and such labor union refuses to fumish such
Information to the contractOf. the contractor shaU so certlfy lo
the SHA and shall set forth what effort.s have been made to
obta II such lnfonnatlon,
d. In the event Iha union Is unable to provide the
contractor with a reasonable now of mlnortty and women
referrals within the time Mmlt set forth In the collecUve
bargalnklg agreement. the contractor wfll , through Independent
recruitment efforts, fill Iha empk)yment vacancies without
regard to race, color, rellgion, sex. national origin, age ot
dlsablllty; making Ml etforts to obtain quallfled and/«
qualfflable minority group persons and women . (The OOL has
:\lkf that It shall be no exaJw that the union with wh ich the
contractor has a cotlectlve bargaink'lg agreement providing for
exclusive referral failed to refer minority employees .) In the
ewnt lhe unkln refettal practice prevents the contractOf from
meettng the obllgatk>ns pursuant to Executive Order 112-i6, as
amended , and these special provisions, such contractor shall
immediately notify the SHA.
8. S.lectton of Subcontnictors, r•rocurement of
M1ttn1l1 and l.Nllng of Equipment: The contl'3ctor shall
not dlsatmlnate on the grounds of race, cok>r, reUglon, sex,
national origin , age or dlsabillty In the selection and retention of
subcontractors , lncludlng procurement of materials and leases
of equipment
a. The contractor shall notify all potential subcontractors
and supplJers of his/ha, EEO obligations under this contract.
b. Disadvantaged buslnt:ss enterprises (QBE). as
defined In 49 CFR 23 , shall have equal opportunity lo compete
fOf and perform subcontracts which the contractor enters Into
pursuant to thls contract The oontractor wlll use hb1 best
effons to solicit bids from and to utilize QBE suba>ntractors or
subcontractors with mean ingful minority group and female
representation among their employees . Contractors shall
obtain lists of DBE construction flnns from SHA personnel.
c. The contractor wiU use his best e~ to ensure
sut><:ontractOC" compliance with their EEO obligations .
9. Reeorda and Reports : The contract0f sha n keep such
records as necessary to document compliance with lhe EEO
requirements . Such records shall be retained for a 1 :i riod of
three years follO'Nlng complellon ol the contract work and shall
be available at reasonable times and places for Inspection by
authorized repreM1ntatlves of Iha SHA and !he FHW.A..
a. The records kept by the contractor shaH dOC\Jment
the following :
(1) The number of minority and non-m inority group
members and women employed In each wen cta"iflcatlon on
the project;
(2) The progress and efforts being made In
cooperaUon Yrlith un ions, when appllcable, to inaease
employment opportun ities f0< minori ties and women ;
(3} The progress and efforts being made In loca Ung,
hiri ng, training , Quali f:.-lng , and upgrading minority and tamale
employees : and
(-i) The progress an~ efforts being mad e In securing
the se rvices of DBE subcontra c.tcn or subcontra ctors with
meaningful minority and fema le representation among the ir
employee s.
b. The contractoB will subm it an a;mual report to the
SHA each Ju ly for the dura tion of the pr')jecl, ln1lcating the
number of minority, women , and non-minority "roup
employees currenUy engaged In each 'NOO( ct asslflcation
requ ired by lhe contract WOfk , This infomlatlon is to be
reported on Form FHWA-1391 . If on -the Job train ing Is being
requ ired by special provision , the contractor wlll be required to
collect and report training data .
Ill, NONSEGREGATED FACILITIES
(App licable to all Federal-aid constructio, con tracts and tt.
all related subcontracts of $10,000 or more ,)
a. By submission of this bid , the execution of this
contract or subcontract. or the consummation of this material
supply agreement or purchase order, as appropriate , the
bidder, Federal-aid construction contractor, subcontractor,
material suppUer, 0C' vendor, as appropriate, certifies that the
ftrm does not maintain or provide for Its employees any
segreg.tled facilities at any of Its establishments , and that the
firm does not permit Its employees to perfoon the ir services at
any localk>n , under Its control, where .segregated facilities are
maintained. The flrm agreos that a breach of this certlflcadon
ls a violation of the EEO provisions of this contract. The firm
further cert!fles that no employee will be denied access to
adequate facilities on the basis of sex or dlsabilily.
b. As used In this certification , the term •segregated
facilities~ means any waiting rooms , work areas , restrooms and
washrooms , restaurants a1d other eating areas , Umeclocks ,
lociter rooms , and other storage or dressing areas , parlllng
lols, drinklng founta ins, reaeatlon or entertainment areas,
transp0rtation , and housing facilities prcvkied for employees
which are segregated by expllclt dlrectivt , or are , In fact,
segregated on the basis of race, color, rellgkln, national origin ,
age or dlsabllily , because of habit. local custom , or otherwise.
The onty exception will be fDf the disabled when the demands
for accesslbllity override (e .g. dlsabled parll lng).
c. The contractor agrees that it has obta ined or will obta in
Identical certlflcatton from proposed subcontraclCH'S or material
suppliers prior to award of subcontracts or consummation of
material supp½)' agreements of $10 ,000 or m0f8 and that ii wlll
retain such certiflcatlons In Its files .
IV. PAYMENT OF Pl lETERMINED MINIMUM WAGE
(Applicable to all Federal -aid con struction contracts
exceed ing $2,000 and to all related subcontracts . except for
projects located on roadways classified as local roads or rural
minor collectors , which are exempt.)
1. General:
a. All mechanics and laborers employed or woridng
upon the site of the work wlU be paid unconditlonally and not
less often than once a week anc! without subsequent deduction
or rebate on any account (except such payroll deductions aa
are perm itted by r&Qulatlons (29 CFR 3) iuued by the
Secretary ol Labor under the Copeland Ad (40 U.S.C. 276e)I
the full amounts of wa ges and bona fide fringe bene fits (or
Required by 23 CFR 633 .102
Page 3 of 10
cash equivalents ttiereof} due at time of payment. The
payment shall be computed at wage rates not less than those
contained In the wage determination of the Secretary of Labor
(hereinafter "the wage determination") which !s attached hereto
and made a pan hereof, regardless of any conll'fictual
relatlonshlp which may be alleged to exist between the
contractor or its subconlractors and such laboteri and
mechanics. The wage determination (lnd ud lng any addlllonal
dasslficatlons and wage r.1tes conformed under paragraph 2 of
this Section IV and lhe DOL poster (WH-1321) or Form
FHWA-1495) shall be posted at all ti mf'!I by the contractor and
Its subcontractors at the site of the 'NOOt in a prominent and
accessible place where 11 can be easily see n by the INO<kers .
For the purpose of th is Section, contributions made or costs
reasonably an~cipated fOf bona fide fringe benefits under
Section 1(bH2) of lhe Oa~s-Bacon Act (40 U.S .C . 276a) on
behalf of laborers or mechanics are considered wages paid lo
such laborers or mechanics. sub/ect to the provisions of
Section IV, pa~graph 3b , hereof. Also, for the purpose of this
SecUon, regular contnbullons made or costs Incurred for more
than a weekly period (but not less often than quarterty) under
plans, runcts. a programs , which cover the particular weekly
period, are deemed to be constructively made or Incurred
during such weekly period . Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the
wage detemllnatlon for the dasslficatlon or wont actually
performed, without regard to sklll, except as provided in
paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing wor1( In more than
one tlasstficaUon may be compensated at the rate specified for
each ctasslficatlon for the time actually WOfked therein,
provided, lhat the employer's payroll records accurately set
forth the time spent In each classification ln wh ich wor\: Is
pertom,ed.
c. AJI rulings and Interpretations ol Iha Davis-Bacon Act
and related acts contained In 29 CFR 1, 3, and 5 are herein
Incorporated by reference In this contract.
2. Clas1lncatlon:
a. The SHA contracting officer shall require that any
dass of labotem or mechanics employed under the contract,
which Is not listed In the wage determiuatlon, shall be
classified in conformance with the wage determination.
b . Th e contracting officer shall approve an additional
dassification. wage rate and fri nge benefits only when the
following criteria have been met
(1) the work to be performed by the additional
dassification requested is not performed by a classification In
the wage determination:
(2) the additional classifica tion Is utilized in the area
by the construction Industry:
(3) the proposed wage rate , including any bona flde
fringe benefits, bears a reasonable relationship to the wage
rates contained In the wage determination: and
(4) with respect to helpers, when such a
dassificatlon prevails In the area in which the WOf1t is
perfomied.
c. If lhe contrac!Of or subcontractors, as appropriate, the
laborers and mechanics (If known) to be employed in the
addltlonal classlflcatlon or the ir representatives, and the
contracting officer agree on the dasslficatlon and wage rate
(Including the amount designated for fringe benefits where
appropriate), a report C'lf !.~:! action taken shall be sent by the
contracting offi ce r tr, the COL , Administrator of the Wage and
Hour Division. 1:mployment Standards Administration,
Washington, O.C. ~0210. The Wage and Hour Administrator,
or an authortzeJ representative, wOI approve, modify, or
disa pprove every addltional dasslflca tion action within 30 days
of rece ipt and so advise the contracting officer or will notify the
contracting officer wi thin the 30-day period that additional time
Is neces sary.
d. In the event the contractor or subcontractors, as
appropriate, lhe laborers or mechanics lo be emplOyed ln lhe
additional classlflcallon or lhelr representatives, and the
contracting officer do not agree on the proposed classlflcatlon
and wage rate (lncludlng lhe amount designated fOf fringe
benents , wnere appropriate), the contracting officer shall refer
the questions , lndudlng the views c f all lnterest£d parties and
the recommendation of the contracting officer, to the Wage
3nd Hour Administrator for determination. Said Administrator,
or an authorized represantative , will !ssue a determination
within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-0ay period that
additional time Is necessary
e. The wage ra1t1 (Including fringe benefits where
appropriate) determined pursuant lo paragraph 2c or 2d ol this
Section IV shall be paid to all wor1cers perfonnlrg wor1c in the
additional dassificatlon from the first day on which woric. I:;
perfonned In the dassilication.
3. Payment of Frtng, B1n1flt1:
a. Whenever the minimum wage rate prescribed In the
contract for a dass of laborers or mechanics indudes a fringe
benent which Is not expressed as an hourty rate , the contractor
or subcontractors, as appropriate, shall either pay the benefit
as stated In the wage determination or shall pay another bona
tide fringe benefit or an hourty case equivalent thereof.
b. If the contractOf Of subcontractor , as appropriate,
does not make payments to a trustee or other third person,
he/she may consider as a part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated In
providing bona fide fringe benefits under a pla n or program ,
provided, that the Secretary of Labor has found, upon the
written request of the contractor, Iha! tho applicable standards
ol the Davis-Bacon Act have been met. The Secretary of
Labor may require the ccntractor to set aside In a separate
account assets lor the meeting of obligations under the plan or
program.
4. ApprentlcH and Trainees (Programs cf the U.S. COL)
and Helpen:
a. Apprentices:
(1) App rentices will be permitted to wor1c at le ss than
the predetennined rate for the wor1( they performed when they
are employed pursuant to and Individually registered In a bona
fide apprenticeship program registered with the COL, Employ-
ment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized
by the Bureau. or if a person is employed in his/her firs t 90
days of probationary employment as an apprentice in such an
apprenticeship program, who Is not individually registered In
the program, but who has been certined by the Bureau of
Apprenticeship aod Training Of a State apprenticeship agency
(where appropriate) to be ellglble for probationary employment
as an apprentice .
Required by 23 CFR 633 . 102
Page 4 of 10
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(2 ) The allowable ratio of apprentices to
Jou rneyman-le vel emµloyees on the Job sila In any craft
dasslflcatlon shall not be greater than the ratio permitted to the
contractor as to the entire WOf'k force under the reg istered
program . Any employee lis ted on a payroll at an apprentice
wage rate , who Is not registered or othe!Wlse employed as
stated above , shall be pa id nol less than the applicable wage
rate listed in the wage determination for the dasslflcatlon of
'NOt1t actually performed . 1n addition, any apprentice
performing wor1( on the job site In excess of the ratio permitted
under the registered program shall be paid not less than the
appHcable wage rate on the wage determination tor the work
actually performed . Where a contractor °' subcontractor is
perfoonlng construction on a project in a locality other than that
in which Its program Is reolstered, the ratios and wage rates
{expressed In percentages of the Journeyman-level hourly rate)
specified In the contractor's or subcontractor's registered
program shall be OOserved .
(3) Every apprentice must be paid at nol less than
the rate specified In the registered program for the apprenUce's
level of progress , expressed as a percentage of the
Joumeyman-level hour1y rate specified In the appllcablo wage
determination. Apprentices shall be paid fringe benefits In
accordance with the provisions of the apprentice ship program .
If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount ol fringe benefits
listed ,:in the wage determination for the appllcable
dassificallon. If the Admin istrator for the Wage and Hour
Division determines that a different practice prevails for the
applicable apprentice dassiflcatlon, fringes shall be pa id In
aCCOl'dance with that determ ination .
(') In the event the Bureau of Apprenticesh ip and
Training, or a State apprenticeship agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the
contractor or subcontractor \11111 no longer be permitted to uUllze
apprentices at less than the applicable predetermined rate 104"
the comparable wont perlonned by regular employees until an
acceptable program Is approved .
b. Trainees :
(1) Except as provided In 29 CFR 5.16, trainees will
not be permitted to wont at less than the predeterm ined rate fo,
lhe wont performed unless they are employed pursuanl to anr
Individually registered In a program whi ch has received priu
approval, evidenced by formal cef1 ' ., by the COL.
Employment and Training Admlnistralit
(2) The ratio of trainees Iv 1oumeyman -level
employees on the job site shall not be greater than perm llted
under the plan approved by the Employment and Training
Administration . Any employee llsted on the payroll al a trainee
rale who Is not registered and panldpatlng In a tra ining plan
approved by the Employment and Tra ining AdmlnistraUon shall
be paid not less than the appllcable wage rate on the wage
determination for the ciasslficatlon of wont actually performed .
In addiUon, any trainee performing won( on the job sue In
e11.cess of the ratio perm itted under the registered program
shall be paid not less than the appllcable wage rate on the
wage determina tion for the 'NOf'k actually performed .
(3) Every lraln ee must be paid at not less than the
rate specified In the approved program for his/her level of
progress. e,cpressed as a percentage of the Journe yman-level
hourty rale speciffed In the applicable wage determination .
Trainees shall be paid fringe benefits In accordance \/11th the
provisions of the trainee program . If the lra lnee program does
not mention fringe benefits, trainees shall be paid the full
amoun t of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Divi sion
determ ines lhal there is an apprenticeship program associated
with the corresponding journe yman -level wage rate on the
wage determlnauon wh ich provtd"JS for less tha n full fringe
benefits fo, apprentices , in wh ich case such trainees shall
receive the same fr1nge benefits as apprenUces .
(4) In the event the Employm enl and Tra ining
Adm inistration withdraws approval of a training program , the
conlra ctor o, subcontraclor will no IOnger be perm itted to utilize
tra inees al less than lhe appllcable prede termined rate for the
'n'0(k performed unUI an acceptable program is approved .
c, Helpe rs :
Holpers will be permllted to WOO( on a p~oject If the
helper dasslflcalion Is specified and defined on ltlo applicable
wage delerm lnatlon or Is approved pure1.1ant to the
conformance procedure sel forth ln Section IV .2. Any WOO(er
Usted on a payroll at a helper wage rate , who Is not a helper
under a approved definiHon , shall be pald not less than the
applicable wago rate on the wage determ ination fOf the
dassiflcatlon of 'HOf1t actually performed .
5. Apprentices and Trainees (Programs of the U.S.
oon:
Apprentices and trainees wonting under apprenticeship
and skill tra ining programs which have been certified by the
Secretary of Transportation as promoting EEO In connection
with Federal-aid highway construction programs are not
subject to the requ irements of paragraph 4 of this Section IV .
The straight time hourty wage rates for apprentices and
tra inees under such programs will be establlshed by the
panlcular programs . The ratio of apprentices and trainees to
Joumeymen shall not be greater than permitted ~y the terms of
the panlcular program.
6. Withholding :
The SHA shall upon Its own action or upon written
request of an aulhorizea re presentative of the OOL withhold , or
cause to be with held, from the contractor Of subcontractor
under this contract or ant other Federal contract with the same
prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements which Is
held by the same prime conl ractOf, as much of the accrued
payments Of advan ces as may be considered necessary to pay
laborers and mechan ics, Including apprentices, trainees , and
helpers, employed by the contractor or any subcontractor the
full amount of wages reqL'ired by the contract. In the event of
fa il ure lo pay any laborer Of mechanic, lnclud iog any
apprentice, tra inee . Of helper, employed Of WOfklng on the site
of the wor1(, an or part of the wages required by the contract,
the SHA contracting officer may , after written notice to the
contractor, take such action as may be necessary to cause the
suspens ion of any further oayment , advance, or guarantee of
fun ds until such vio lations tave ceased .
7. Overtime Requirements :
No contra ctor or subconlractor contracting for any part
of the contract wont which may require or involve the employ-
ment of laborers. med'lanics, watchmen , or guards (lndudlng
apprentices, trainees , and ielpers described in paragraphs 4
and 5 above) shall require or permit any laborer , mechanic,
watchman , or guard In any workweek in which he/she is
employed on such WOO(, to work In excess of 40 hours In such
wor1tweek unless such taborer, mechanic, watchman , or guard
re ceives compensation at a rate not less than one-and-0ne-
Req uired by 23 CFR 633 .102
Page 5 of 10
half tlrnes his/h er basic rate of pay for all hours WOlked In
excea, of 40 hours In such worl<week .
B. Vlol1tlon :
Liability for Unpa id Wages: Liquidated Damages : In the
eVtlnt of any viol ation of the clause set forth In paragraph 7
above, the contractor and any subcontractor respons ible
thereof shall be liable to the affected em ployee for hls/her
unpaid wages . In addlUon , such contractor and subcontractor
shall be Uable to the United States (In the case of work clone
under contract for the District of COiumbia or a territory, to such
Ob:bict or to such territory) for llqutdated damages . Such
liquidated damages shall be computed with respec1 to each
lndMdual laborer, mechanic, watchman, or guard employed In
vlolalk>n of the clause set forth In paragraph 7. In the sum of
$10 for each calendar day on whk:h such employee was
required or perm itted to W'0f1t in excess of the standard 'N0ftc
week of 40 hours without payment of the ovet11me wages
required by the clause set forth In paragraph 7.
9. Withholding for Unpaid Wages and Uquldattd
Damaan:
The SHA shall upon Its own action or upon written request of
any authorized representative of the DOL wi thhold , or cause to
be wlthheld , from any monies payable on aCQ)Unt of work
perlormed by the contractor or subcontractor under any such
contnlct or any other Federat contract with the same prime
contractor, or any other Federally-assllted contract subfect to
!ho Contrad Woitt Hou,. and Safety Slandonb Ad. which ts
held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any llabilltles of such
contractor or subcontractor for unpakj wages and llquldated
damages as provided in the clause set forth In paragraph 8
above .
V, STATEMENTS AND PAYROU.S
(Appllcable lo all Federal-aid construction contrads
exceeding $2,000 and to all refated subcontracts. except for
prqects located on roadways dasslfied as local roads or rural
collecloB , which are exempt.)
1. Compliance with Copeland Regulatlon1 (29 CFR 3}:
The contractor shall comply with the Copeland Regulations
of the Secretary of Labor wh ich are herein lnCQr1)0(3ted by
reference .
2. Payrolls and Payroll Records :
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during
the course of the work and preserved for a period of 3 years
from the date of compleUon of the contract for all laborers,
mechan ics, apprentfces, tralrlffl, watchmen, helpers , and
guards working at the site of the work .
b. The payroll records shall contain the name , social
security number, and address of each such employee; his or
her correct claultlcallon; hour1y rates of wages paid (lndudlng
rates of contributions or costs anticipated for bona fide fringe
beneftta or cash equlvalenl thereof the types described In
Section 1 (bX2XB) of !ho Da~1 Bacon Ad); dally and -kly
number of houls wotked ; deductions madt; and adual wages
paid, In addlUa,, fo, Appalachian contrads , the payroll rec:onl1
llhaU contain a notaUon Indicating whether the emplo)'et don,
or does not, normally reside In the labor area II defined ln
Attachment A, paragraph 1. Whenever the Secretary of Labor,
pursuant to Section IV, parngraph 3b, has fou nd lhat the
wages of any laborer or mechanic lndude the amount of any
cos ts reasonably anUdpated In providing beneftts under a plan
or program desaibed In Section 1(bK2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall mainta in
records which show that the commitment to provide such
benefits Is enforceable , that the plan or program Is ftnandally
responatble, lhal the plan or program has been communicated
In wrtlfng to the laborer, or mechanics affected , and show the
cost anticipated or the actual cos t Incurred In providing
beneflts . Cootractcn or subcontractors employing apprentices
or trainees under approved programs shall maintain WT1tten
evidence of the registration of apprenlfces and trainees , and
ratk>s and wage rates preserlbed In the appHcable programs .
c. Each contractor and subcontnlctor shall furnish , each
week In 'M\lch any contract •NOftc ls performed, to the SHA ...-1 engineer a payroll of wages paid each of Ila
em~ (lnduding apprentk:es , trainees , and helpers ,
delcribed In Section IV, paragraphs 4 and 5, and waldlmen
and guanll engaged a, work during the preceding ~
pay,olt period), The payroll submitted shall set out accuraloty
and completely al of the lnfoonallon required lo be maintained
under paragn,ph 2b of this Section V, Thia lnfoonallon may be
submitted In any fonn de.sired, Opllonat Fonn WH-347 ts
available for lhls purpose and may be purchased from !ho
Superintendent of OooJments (Federal stock number 029-005-
0014-1 ), U.S. Government PrtnUng Offlce, Wuhlnglon, O,C,
20402. The prime contractor Is responslb4e for the submission
of a,ptn of payrolls by all subcontradolO .
d, Each payroll submlllad shall be accompanied by a
"Slalemenl ol Compiance," signed by the contractor o,
suboontractor or his/her agent who pays or supervlses the
payment of the per.sons employed under the oontract and shall
cef1lfy !ho following :
(1) thet !ho payroll for !ho payroll period contains !ho
lnfoonallon requlnld lo be maintained undo< paragr:iph 2b or
thll Section V and that such lntonnauan Is correct and
coms,tete:
(2) that such laborer or mechanic (lnduding each
helper, apprentice , and trainee) employed on the contract
during the payroll period has been paid the full -kly wogos
earned , without rebate , either dlrectty 01 lndlrectly, and that no
deductions have been made etther dlrectty ex lndlrecUy from
the full wages earned , other than permissible deductions as set
f0r1h In !ho Rogulalionl, ;19 CFR 3;
(3) that each laborer Of mechanic has been paid not
len that the appHcabMI wage rate ar.d fringe benefits or cash
equlvalent for the dassiflcation of worited performed, as
specified in the applicable wage determination Incorporated
lntotheconlrtlct.
e. The weekly submission of a property eHculed
certification set forth on the reverse slde of Optional Form WH-
347 shall satisfy the requtrement for submission of the
"Statement of Compl~nce" required by paragraph 2d of this
SecdonV.
f. The fals lflcatlon of any of the above certifications may
sut,tect the contractor to cfvll or criminal prosecution under 1B
U.S.C. 1001 and 31 U.S.C. 23 1,
g. The contractor or subcontractor ahaU make the
rec:onls requin,d under parog,aph 2b ol this Sedlon V
aYlillble for Inspection , a,pytng, o, transcrtplion by authorized
_.. .. uves of the SHA, !ho FHWA, 0, the COL, and shal
permit such representatives to lnttMIW employees di.iring
wonting hours on the Job . If the CX'ntractor or subcontractor
Required by 23 CFR 633 .102
Page 6 of 10
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falls to submit the r&Qu lred records Of lo make them available ,
the SHA. the FHWA , the 0OL , 01" all may, after written notlce
to the contractor, sponsor , applicant, Of' owne r, take such
actions as may be necessary to cause the suspens ion of any
further payment , advance , 01' guarantee of funds .
Furthennore , failure to submit the required records upon
request or lo make such reeotds available may be grounds for
debannenl acUon pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS , SUPPLIES, AND LABOR
1. On all F&deral-ald contracts on the Natlonal Highway
System, except those which provide solely for the lnstallatlon
of protective devices at railroad grade crossings . those which
are constructed on a face account °' direct labor basis,
highway b9autiflcatlon contracts , and contracts '°' wh ich the
total final construction cost fof roadway and bridge Is less than
$1 ,000 ,000 (23 CFR 635) the contractor shall :
a. Become famlllar with the Hst of speci!ic materials ind
supplies contained In Form FHWA-47, "Statement of Materials
and Labor Used by Contractor of Highway Construction
Involving Federal Funds ,· prior to the commencement of work
under this contract .
b . Mainta in a record of the total cost of all materials and
supplies purchased for and Incorporated In lhe work, and also
of the quantities of those specific materials and supptles listed
on Form FHWA-47 , and In the units shown on Form FHWA-47 ,
c. Fumlsh , upon the completion of the contract, to the
SHA resident engineer on Form FHWA-47 together with the
data required In paragraph 1b relative to materials and
supplies , a final labor summary of an contract work Indicating
the total hours wortced and the total amount earned .
2. At lhe prime contracto(s option , either a single report
covering all contract work or separate repons for the contractor
and for each subcontract shall be submitted .
VII . SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own Ofl')anization
contract work amounting to not less thar, 30 percent (or a
greater percentage If specified elsewhere In the contract) of the
total original contract price, exduding any specialty items
designated by the State . Specialty Items may be perfonned by
subcontract and the amount of any such specialty Items per-
fonned may be deducted from lhe total original contract price
before computing the amount of work required to be performed
by the contracto(s own organization (23 CFR 635).
a. "Its own organization" shall be construed to indude
only WOO<ers employed and paid directly by the prime
contractol' and equipment owned or rented by the prime
contractor, with or without operators . Such term does not
indude employees or equipment of a subcontractor, ass ignee.
or agent of the prime contractor.
b. "S pecialty Items" shall be construed lo be limited to
work that requires highly specialized knowiedge , abilities , or
equipment not ordinarily available In the type of contracting
organizations qualified and expected to bid on the contract as
a whole and In general are to be Umited to minor component!
of the overall contract.
2. The contract amount upon IM'llch the requ irements set
forth ln paragraph 1 of Section VII is computed Includes the
cost of matertal and manufactured products which are lo be
purchased or produced by the contractor under the conllact
provisions .
3. The con tra ctor shall furn is h (a) a competent
supe ri ntendent or supervisor who Is em ployed by the firm, has
full authori ty to direct performan ce of the wort. In accoroance
with the con tract requ ireme nts , and Is In charge of all
construction operations (regardless of !Mlo performs the work)
and (b) such other of Its own organ izational resources
(supervision . manaoement. and engineertng services) as the
SHA contra cti ng officer determ ines is nece ssary lo assure the
performan ce of the contract.
4. No portion of the contra ct shall be sublet, assigned or
otherwise disposed of except with the wrl11en consent of the
SHA contracting officer , or authorized representative, and such
consent 'Nher given shall not be construed to relieve the
contractor of any respons ibituy for the fulfillment of the
oontract. Written consent will be gfvt1n only after the SHA has
assured that each subcontract Is evidenced In writing and that
It conta ins all pertinent provisions and requirements of the
prime contracl
VIII. SAFETY : ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with alt applfcable Federal, State, and local laws
governing safety, health , and sanitation (23 CFR 635). The
contractor shall provide all safeguards , safety devices and
protective equipment and take any othf!r needed actions as It
determines, or as the SHA contracting officer may dete rm in e,
to be reasonably necessary to protect the li fe and health of
employees on the Job and the safety of the public and lo
protect property In connection with the performance of the wor1(
cove red by the contra ct.
2. It Is a condition of th is contract , and shall be made a
condition of each subcontract , IM'llch the contractor enters Into
pursuant to this contract. that the contractor and any
subcontractor shall not perm it any employee, In performance
of the contract, to WOO( in surroundings Of under conditions
wh ich are unsanitary, hazardous or dangerous to hls/her health
Of sa fety, as determined under construction safety and health
standards (29 CFR 1926) promulga ted by the Secretary of
labor, in accordance with Section 107 of the Contract WOO(
Hours and Safety Standards Ac! (40 U.S.C. 333).
3. Pursuant lo 29 CFR 1926.3, II is a condition of this
contract that the Secretary of Labof' or authorized
representative thereof. shall have righ t of entry to any site of
cootract performance to inspect or Investigate the matter of
compliance with the construction safety and health standards
and to carry out the duties of the Secretary under Section 107
of the Contract Work Hours and Safety Standards Act (40 u.s.c. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order lo assure high quality and durable construction In
conformity with app roved plans and specifications and a high
degree of reliability on statements and representations made
by engineers , contractors . suppl iers , and WOO(ers on Federal•
aid highway projects, II Is essential that all pe rsons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as poss ible. Willful lalsification, distortion , or
misrepres entation with respect to any facts related to the
project Is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts . the following notice shall be posted on each
Federal -aid highway project (23 CFR 635) In one or more
places where it Is readily available to all persons concerned
with the proj ect:
-~uircd by 23 CFR 633.102
Page 7 of 10
NOTICE TO AI.L PERSONNEL ENGAGED ON FEDERAi.·
AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows :
Whoover, being an officer, agen t, or employee of the United
States, or of any Slate or Territory, or whoever, whether a
person. associa tion, nrm , or corporation, knowingly makes any
false statement, false representation , or fa lse report a.s to !he
character, qua lffy, qusntffy, or cos t of the maten'a/ u5ed or to
be uHd. or the quan/ity or quality of the worlc performed or to
be performed, or the cost thereof in connecllon with the
submission of plans, maps, spociflcaUons, contracts, or cost.s
of construction on any hiQhway or relatod project submitted for
approval to Iha Secretary of Tran sportation; or
Whoever knowingly makes any false statement, false
representation, false report or fals e claim wi1h rtupect to the
chltl8ctar, quality, quantity, or cost of any wort perfolmed or to
be perfotrned, or materials furn is hed or to be furn ished, in
connection with the cons truction of any highway or re/atad
project epproved by the SeC18lary of Transportation ; or
Whoever knowingly makes any false statement O< false
reprasentation a., to materia l fact In any statement, certificate,
or report submitted pursuant to provisions of lhe Federal-aid
Roads Act approved July 1. 1916, (39 Stat. 355), as amendod
and supplement8d:
Sh all be fined not mof9 that $10,000 or imprisonBd not mora
than 5 years or both.•
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAi.
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid coostructlon contracts and to all
related subcontracts of $100 ,000 or more .)
By submission of this bid or the execution of this contract. Of
subcontract. as appropriate, the bk:lder, Federal-a id
construction contractor, or subcontractor, as appropriate , will
be deemed to ha ve stipulated as follows :
1. That any facility that Is Of 'Ni11 be util ized In th e performance
of this contract, unless such contract Is exemp t under the
C1aan Air Act, as amended (42 U.S.C. 1857 11 ag., as
amended by Pub .L. 91~). and under the Federal Water
Pollutlon Control Act , as amended (33 U.S .C. 1251 ti ug., as
amended by Pub .L. 92-500), Executive Order 11738, and
regulations In lmplementaUon thereof (40 CFR 15) Is not listed,
on the dale of contract award . on the U.S . En vironmental
Protection Agency (EPA) Lisi of Violati ng Fa cilities pursuant to
40 CFR 15.20.
2. That the flrm agrees to comply and remain In compliance
with all the requ ireme nts of Section 114 of the Cle an Air Act
and Section 308 of the Federal Water Pollution Control Act and
aH regu latlons and guidelines listed thereunder.
3. That !he firm shall prompdy notify the SH A of lhe receipt of
any communication from the Di rector, Office of Federal
Activities . EPA. ind icati ng that a facili ty that Is or will be utilized
for the co.1tract Is under consideration to be li sted on the EPA
Ust of Viol ating Facllltles.
4. That the firm agrees to lndude Of cause to be lncf uded the
requ irements of para graph 1 through 4 of this Section X In
every nonexempt subcontract, and further agrees to take such
action as the government may direct as a mean s ot enforci ng
such requirements .
XI. CERTIFICATION REGAADING DEBAAMENT,
SUSPENSION ,
INELIGIBILITY AND VOLUNTAAY EXCLUSION
1. ln1tructlon1 for Certification • Primary Covered
Tr1nsactlon1 :
(Applicable to atl Federal-a id contracts • 49 CFR 29)
a. By sign ing and submitting th is proposa l. the
prosptictlve primary participa nt Is providing the certiflcatlon set
out below.
b. The lnablllty of a person to provide the certification
set out below will not necessarily result In denial of
particlp;itlon In this covered transacllon . The prospective
participant shall submit an explana tion of wh)' II cannot provide
the certification set out bek>w. The certification or explanation
will be considered in connection with the department Of
agency's determination whether lo enter into this transaction .
However, failure of Iha prospective pri mary partici pant to
fumlsh a certification or an explan ation shall disq ualify such a
person from participation In th is transaction .
c. The certUlcatlon In this cla use Is a materia l
representation of fact upon wh ich reliance was placed when
the department Of agency determ ined to enter Into this
transactl,:,n . If It ls later determ ined that the prospective
primary participant knowirlQIY rendered an erroneous
certification, In .iddJUon to other remedles ava ilable to the
Federa l Government. the department or agency may terminate
this transa ction tor cause of default
d. The prospective primary participant shall provide
Immediate written notice to the dep artment or agency to whom
lhls proposal ls submitted lf any time the prospecltve primary
participant leams that Its certlflca Uon was em>neous wnon
submitted Of has become erroneous by reason of changed
cl ra.1mstan ces.
e. The terms ·covered transaction,· ·debarred ,·
·suspended: "Ineligible ; iower tier covered transaction;
·parti cipant,• ·person: "primary covered transaction;
·prtnclpal,· ·proposal,· and "voluntarily excl uded," as used In
lh ls clause, have the meanings sat out In !he Definitions and
Coverage sections of rules Implementing Executive Order
12549. You may contact the department Of agency to whtch
this proposal is submitted for assistance In obtaining a copy of
!hose regulations .
f. The prospective primary partici pant agrees by
submitting tnls proposal that. should the proposed covered
tran5action be entered Into. ii shall rlOI knowingly enter Into any
k>Mr tier covered trans3ction with a person who is debarred ,
suspended, dedared Ineligible , or voluntarily excfuded from
participation In this covered transaction . unleos authorized by
!he department or agency ente ri ng Into this transaction .
g. Th e prospective primary participant further agrees by
submitting this propgsal that ii will Include the clause titled
"Certifica tion Regard ing Oebannent, Suspension , 1nellglbllity
and Vol untary Excfuslon-Lower Tler Covered Transaction;
provkted by tM departmen t or agency entering in to this
oov-ered transaction, wi thout modlflc:atlon, In all lower tier
covered tr.msaclions and in all solicitations lor lower tier
covered transaction s.
h. A participant In a covered transaction ma y rely upon a
certlflcatlon of a prospective participant In a lowe r tier covered
transaction that Is not debarred , suspended, ineUgl ble, or
Requ ire d by 23 CF R 633 .102
Page 8 of 10
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•
•
voluntarily excluded from the covered transa ction , unless ll
knows that the certl"catioo Is erroneous. A participant may
decide the method and frequency by which It determines the
eigiblllty of lts principals . Each partici pant may , but Is not
required to, check the nor.procurement portion of the -Usts of
Parties Excluded From Federal Procurement or
Nonprocurement Programs• (Nonprocuremenl Lisi) ""1llch Is
compiled by the General Services Adm inistration .
I. Noth ing contained In the foregoing shall be construed
to requ ire establishment of a system of records in order to
render in good faith the certl llcaUon requ ired by this clause .
The knO'Medge and Information of participant Is not required to
exceed that which is nonnally possessed by a prudent person
in the ordinary course of business dealings .
j . Except for transactions authorized undltf paragraph f
of these Instructions, If a participant in a covered transaction
knowingly enters Into a lower Uer covered transacik>n 'Mth a
person v.tK> Is suspended, debarred , Ineligible, or voluntarily
excluded from partldPitlon in this transaction , In addition to
other remedies avallable to the Federal Government, the
department or agency may term inate thls transactk>n for cause
or default
Certification Rtgardlng Debannent, Su1pen1lon ,
ln•llglblllty and Volunla,y Exclu1lon--Prim1,y Covered
Tranaactlona
1. The prospective primary participant certifies to the best of
its knowledge and belief, that it and lts principals :
a. Ale not presently debarred, suspended, proposed for
debarment, dedared lnellglble , 01' voluntarily exduded trom
covered transactions by any Federal department or agency.
b. Have not within a 3-year period preceding this
proposal been convicted of 01' had a civil Judgement rendered
against them for commission of fraud or a aimlnal offense In
connection 'Mth obtaining , attempting to obtain, or performing a
publlc (Federal, State 01' local) transaction or contract under 3
public transaction: vlotation of Faderal or State antitrust
statutes or commission of embezzlement. theft, forgery,
bribery, falslflcatlon or destruction of records , making false
statements , or receiving stolen property:
c. Are not presentty lndlcied for or otherwise aimlnally
or civilly 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 with in a 3-year period preced ing this
appllcation/proposal had one or more public transactions
(Federal , State or local) terminated for cause or default.
2. WhGre the prospective primary partldpanl Is unable l0
certify to any of the statements in this certlficatlon, such
prospective participant shall attach an explanatlon to this
proposal .
2. lnatructlon1 for Certification • Lower Tier Covered
Tranaactiona:
(Applicable to all subcontracts , purchase orders alld other
tower IMlr trilnsactions of $25,000 or more • ,9 CFR 29)
a. By signing and subm ltUng lh ls proposal , the
prospecti ve lower tier Is providing the certification set out
below .
b. The certification ln th is clause ls a material
re presentation of lact upon which rell~11ce was placed when
this transaction was entered Into. II It Is later determined that
the prospe ctive lower tier participant knowing ly rendered an
erroneous certification , In addition to other remedies avaltable
to the Federal Govemment. the department, or agency with
which th is transaction originated may pursue available
remadles , lncludlng suspension and/or debarment.
c. The prospective lower tier participant shall provide
Immediate written notice to the person to which this proposal is
subm itted If at any time the prospective lower tier participant
learns that its oertificatlon was erroneous by reason of
changed circumstances.
d. The lerms ·covered transaction .■ ·debarred.■
"suspendad.■ 1nellglble , • "primary covered transaction.■
"participant," "person," "principal ," "proposal.■ and "Voluntarily
excluded,· as used In this clause, have the meanings set out In
the Defln [tlons and Coverage sections of rules Implementing
Executive Order 12549. You may contact the person to which
th is proposal Is submitted for assistance in obta ining a copy of
those regulations .
b. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered Into, it shall not knowingly enter Into any
lower tier covered transaction with a person who is debarred ,
suspended , declared lnellglb'e, or voluntarily exciuded from
participation In th is covered transaction , unless authorized by
the department or agency with 'Mllch this transaction
originatad .
f. The prospective lower tier participant further agrees by
submitting this proposal that It will Include th is clause titled
·certification Regarding Debarment, Suspension, lnel lglblHty
and Voluntary Exdusion-Lower Tler Covered Transaction.■
without mod ification, In all lower tier covered transactions and
In all sollcitatlons for lower tier covered transactions .
g. A partici pant in a covered transaction may rely upon a
certification of a prospective participant In a lower tier covered
transaction that ls not debarred, suspended, Ineligible , Of
voluntarily excl uded from the covered transaction, unless II
knows that the certification is erroneous. A participar.1 may
decide the method and frequency by which it determlr1es the
eltglblllty of Its principals , Each participant may, but Is not
requ ired to, checl< the Nonprocuremenl list.
h. Nothing contained In the foregoing shall be construed
to require establishment of a sys tem of reCOfds In oroer l0
render in good faith the certification required by this ciause .
The knowledge and lnformalk>n of participant Is not required to
exceed that which Is normally possessed by a prudent person
In the ord inary course of business dealings.
I. Except for transactions authorized under paragraph e
of these Instructions , If a participant In a covered transaction
knowingly entffl in lo a lower tier covered b'ansacHon with a
person who Is suspended, debarred, lnellglble, or vol untarily
excluded from participation In this transaction, In addltk>n to
other remedies avallable to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment
Required by 23 CFR 633 .102
Page 9 of 10
Certification Regarding Debarment, Suaµenalon,
lnellgtblllty and Voluntary Exclualon-lower Tier Covered
·rranaactlona:
1. The prospective lowe r tier parti ci panl certi fies, by
subm ission of th is proposal, that neither it nor its pri ncipals Is
presently debarred , suspended . proposed for debannent.
declared Ineligible , or volunta rily excluded from pa rtici pation in
th l, transa cti on by an y Fede r:1 1 department or agen cy.
2. Where the prospec~ve lower Uer participant ls unable to
certify to an y ol th e stal ements in th is certlflca Uon. such
prospecUve particip ant sha!I attach an explana Uon lo th is
proposal .
XII. CERTIF ICATION REGARDING USE OF CONTRACT
FUNDS OR LOBBYING
(Applicable to all Federal-aid construction contracts and to
all related subc:ontra clS which exceed S100 ,000. 49 CFR 20)
1. The prospecttve pa rtici pant certifies . by signing and
subm itting this bid or proposal , to the best of his or her
knov,1edge and belief, tha t:
a. No Federal appropriated funds have been patd or wm
be paid , by or on behalf of the undersigned, to any person for
Influencing or attempting to Influence an officer Of employee of
any Federal agency, a Member of Congress , an officer Of
employee of Congress , Of an emplOyee of a Member of
Congress in connectit'fl wi th the awarding of any Federal
contract, the making of any Federal grant. the making or any
Federal loan . the entering Into of any cooperative agreement,
and the eKtension , contin uation , renewal , amendment, Of
modification of any Federal contract. grant. loan, Of
cooperative agreement.
b. If any funds olhcr than Federal appropriated funds
have been paid or will be pa id to any person for Influencing or
attempting to Influence an officer or employee of any Federal
agency, a Member of Congress , an officer Of employee of
Congress, or an employee of a Member al Congress in
connection wllh th is Federal contract. grant, loan. or
cooperative agreement , the undersigned shall complete and
submit Standard Form-LLL, ·01se1osure Form to Report
Lobbying: in accorda nce with Its Instructions.
2. Th is certification Is a ma terial repres entation of fact upon
which relian ce was pl aced when this transaction wa s mad e Of
entered in lo. Subm ission ol th is certification Is a prerequisite
IOI' making or entering into th is transaction Imposed by 31
U.S.C. 1352. Any person who tails to file the req uired
certlficaUoo shall be su bject to a civil penalty of no! less than
S10 ,000 and nol more than $100 ,000 fof each such !allure.
3. Th e ~respective partici pant also agree s by submitting his
or her bid or proposal that he or she shall require that tho
language oi thi s certification be induded In all lower tier
subcontracts, which exceed S100.000 and that all such
recipients shall certify and disclose accord ingly.
Page 10 of 10
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• Required by 23 CFR 63 3. 102
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ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include :
A. The "Uniform Administrativ e Requ irements for Grants and Cooperative Agreements to State
and Local Governments (Common Ru le), at 49 Code of Federal Regulations , Part 18 , except to
the extent that other applicable federal requirements (Including the provisions of 23 CFR
Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore
supersede such Part 18 provisions. The requirements of 49 CFR I 8 include, wi thout
limitation:
I. the Local Agency/Contractor shall follow applicable procurement procedures, as required by
section 18.36(d);
2 . the Local Agency/Contractor shall request and obtain prior CDOT appro ,al of changes to
any subcontracts in lhe manner, and to the extent required by, applicable provisions of
section I 8.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4 . to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section I 8.30 char,ge 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
18.36(i) (w hich are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order I 1246 of September ~4 . 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order I 1375 of October 13, 1967 and as supplemented in Department of
Labor regulations (41 CFR Chapter 60) (Ail construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U.S.C . 874) as supplemented in Department of Labor
regulations (29 CF ll Part 3) (Ail contracts and subgrants for construction or repair).
D. The Davis-Bacon Act (40 U.S .C. 276a lo a-7) as supplemented by De~artment of Labor
regu lations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
md subgrantees when required by Federal grant program legislati on. This act requires th at all
laborers and mechanics employed by contractors or sub-contractors to work on construction
projects financed by federal assistance must be paid wages not less than those established fo r the
locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and ~ .,y 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 subgraotees in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers) .
Addendum A -Pa ge I of 2
F. Standard ! ers , or requirements issued under section 306 of the Clear Air Act (42 U.S .C.
1857(h), s,ction 508 of the Clean Water Act (33 U.S .C. 1368). Executive Order 11738, and •
Env ironmental Protection Agency regulations (40 CFR Part 15) (contracts , subcontracts, and
subgrants of amounts in excess of$ 100,000).
G. Mandatory standards and poli cies relating to energy efficie nc y whic h are contained in the state
energy conserv •\ion plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable .
I. The Hatch Act (5 USC 1501 -1508) and Public Law 95-454 Section 4728 . These statutes state
that federal funds cannot be used for partisan political purposes Jf any kind by any person or
organization involved in the administration of federally-assisted programs .
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and i:nplcmenting regulation, 45 C.F.R. Part
80 et. seq .. 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
47USC611. •
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). (Uthe 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 70 1 et seq .).
N. The Age Discrimination Act of 1975 , 42 U.S.C. Sections 6101 et. seq . 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 ofEngineering and Des ign Relat ed 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 "Cons truction and Mainter,ance Provisions".
R. Title VI c,fthe Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 . •
The requirements for which are shown in the Nondiscrimination Provisions, which are attached
hereto and made a part hereof.
Addendum A -Page 2 of 2
APRIL 1980
• Noodlscrlmioatloo Provision s:
•
In compliance with Title VI of the Civ il Rights Ar.I of 1964 and with Section l 62(a) of the Federal
Aid Highway Act o:· 1973 , the Contractor, for itself, its assignees and successors in in:erest, agree as
follows:
A. Compliance with Regulations . The Contractor will comply with !he Regulations of the
Department of Transportation relative lo nondiscrimination in Federally assisted programs of the
Department of Transportation (Tille 49, Code of Federal Regulations, Part 21, hereinafter
referred lo as the "Regulations"), which are herein incorporated by reference and made a part of
this contract.
B. Nondiscrimination . The Contractor, with regard to !he 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,
including pro curement of materials and leases of equipment. The C ,ntractor will not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix C of
the Regul ations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment . In a!.l
solicitations either by competitive bidding or ne gotiation made by the Contractor for work lo be
performed UI'<!er a subcontract, including procurement of materials or equipment, each potential
Subcontracto,· or supplier shall be notified by the Contractor of the Co ntractor's obligations
und er this contract and the Regul ations relative lo nondiscrimination on the ground of race ,
color, sex, mental or physical handicap or national origin .
D. Information 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 pertinent to ascertai n compliance with such Regulations, orders
and instructions. Where any information required of !he Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so
certify to the Stale , or the FHW A as appropriate and shall set forth what efforts have been made
lo obtain the in formation .
E. Sanctions for Noncompli ance. In the event of the Contractor's noncompliance with the
nondiscrimination pro visions of this contract, the Slate shall impose such contract sanctions as ii
or th e FHW A may determine to be appropriate, including, but not limited 10:
I . Withholding of payments to the Contractor under the contract until the Contractor compl ies,
and/or;
• 2. Cancellation, termination or suspension of the contract, in whole or in part .
Nondiscrimination Provi sions -Page I of 2
F. Incorporation of Provisions . The Contractor will include the provisions of paragraphs A through
F in every subcontract, including procurement of materials and leases of equipment, unless •
exen1pt by the Regulations, orders , or instructions issued pursuant thereto . The Contractor will
talce 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 Contracto1 ber.omes involved in, or is threatened with, litigation
with a Subcontractor or supplier as a result of such direction, the Contractor mai request the
State to enter into such litigati on to protect the interest of the State and in addition , the
Contractor may request the FHW A to enter into such litigation to protect the interests of the
United States .
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Nondiscrimination Pwvisions -Par,r. 2 of 2
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ATTACHMENT LO
Certification for Federal-Aid Contracts
The contractor certifies , by signing this contract , lo the best of its knowledge and belief, th at:
I. No Federal appropriated funds have been paid or will be paid , by or on behalf or th e
undersigned , to any person for influencing or attempting lo 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 co nnection with the warding 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 Lobb yi ng," in accordance with its instructions .
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into . Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or prop osa l 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 CF R 635.112
Attachment LO -Page I of I
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1. Poli cy
It is the polic y of the Colo rado Department of Transportation (C DOT) that disadvantaged business
enterpris es shall have the maximum opportunity to partic ipate in the performance of contracts financed
in whole or in part with Federal funds und er this agreement , pursuant to 49 CFR Part 23. Conseq uentl y,
the 49 CFR Part IE DBE requirements the Colorado Departm ent of Transportation DBE Progran1 (or a
Local Agency DB E Program approved in advance by the State) app ly to this agreement.
SECTION 2. DBE Obligation .
The recipient or its contractor agrees to ensure that disadvantaged bus iness enterprises as determined by
the Office of Certification at the Colo rado Department of Regulatory Agencies have the maximum
opportunity to participate in the performance of contracts and su bcontracts financed in whole or in part
with Federal funds provided under this agreement. In this regard, all participants or contractors shall
take all necessary and reaso nab le steps in accordance with the CDOT DBE program (or a Local Agency
DBE Program approved in advance by the State) to ensure that disadvantai;ed business enterprises have
the maximum opportunity to compete for and perform contracts . Recipients and their contractors shall
not discriminate on the basis of race, color, national origin, or se x in the award and performance of
CDOT assisted contracts .
SECTION 3 DBE Pro gram .
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 th e DBE Program is available from ar.d will be mailed to the contractor upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Aven ue , Room 287
Denve r, Colorado 80222-3400
Phone: (303) 757 -9234
revised l /22/98 Requ ired by 49 CFR Part 23 .41
Appendix B -Page I of I
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COUNC IL COMMUN ICATION
Date: Agenda It em : Subject :
August 18, 2003 10 a ii lnlergo ve rnm enlal Agr eement wi th
CDOT for Big Dry Cre ek Trail
Ini tiate d By:
Department of Public Works
I Staff Source :
Ken Ross, Director of Pub li c Works
COUNC IL GOA L AN D PREV IO US COUNC IL ACTION
Council approved Res olution No. 43 , Series 2002 , a uth oriz ing lhe Cily to apply fo r Federal funds
under the Transportati on Equity Act for the 21" Century (TEA-21).
RECOMMENDED ACTI ON
Staff recommends Council approval of a Bill for an Ordinance to ent er into an ag re eme nt w ith th e
Co lorado Department ofTransportation (Coon. This agreement covers financial commi tm en ts
related to the des ign and const ruction of "Big Dry Creek Tra il Imp rovements".
BACKGR OUND, ANA LYS IS, AND ALTE RNATIVES IDENTIFIED
In 1994, Englewood, Littleton, and South Suburban Parks coope rated in th e preparation of a plan to
install a bike trail along Big Dry Creek from the S. Platte River to the Highline Canal. This mast er
pl an, prepared by Bob Seams of Urban Edge s, In c., proposed the trail alignment, phasing, and
fundrai sing recom mendations . Fi ve segments of co nstruction were proposed. The two segments
from lhe Platte River th oug h Belleview Park and Progress Park have been comp leted. Most
recently, ihe bridge over Platte River was installed.
In Feb ruary of 2002, the Cily submitted an app li catio n to th e Denver Regional Co un cil of
Governm ents (DRCOG) for Fed eral TEA-21 funds lo co nslru cl th e third segment of this trail from
Progress Pa rk lo Broadway. Initi ally, the project did nol make the cut for inclusion in the TIP,
howeve r, staff con tinu ed to pursue lh e proj ec t when additional funds became ava ilable in early
200 3 and it was includ ed in th e Transp orlali on Improvement Pro gram for funding in FY 2003. Th e
segment from Progress Park lo Broadway was ad ded lo DRCOG 's Tr anspo rlalion Impr ove ment
Program and will receive $600,000 in Federal Funds towards th e lotal es timat ed cost of $1,500,000 .
DRCOG ag reed to all ow lhe project to be co nstru cted in 2 phases. This allows co nslru clion of lhe
first portion of th e work lo proceed befo re obtainin g lh e Right-of-Way requir ed fo r lhe second
phase. Phase I cove rs the area between the ex istin g trai l at Progress Park to Lehow Av e. Ph ase II is
loca ted between Lehow Ave. and Bro adway.
Th e design consu ltant s, Urban Edges and Mclaughlin Waler Engineers, are co mpl eting lhe design of
Phase I al lhis lim e (South Suburban hired lh e design co nsullanls long befor e th e project was
incllld ed in th e TIP). Phase I is sc hedu led lo adve rt ise fo r constru ct ion this yea r and be co mpl ete
nexl spring . Phase II des ign shou ld be complete next sp rin g .
Right-of-Way and En vironmen tal Clearances are required for each phase b efor e COOT will allow
th e project to ad vertise for constructi on. The majority of Ph ase I is located within th e City o f
Littleton. Ph ase II is prima ril y within the City of Englewood. Bob Sea ms is negotiating th e requ ired •
easeme nts fo r Phase I at this time and expects to finalize them by th e end of August. The Ph ase II
construction sch edule is dependent upon Right-o f-Way ac quisitions and fundraisi ng efforts by th e
South Su b urban Parks Fo un dation.
FINANCIAL IMPACT
Th e fe deral participation toward s the project is $600,000. This is th e maximum allowable federal
contributio n for a single enhance m ent proj ect. Thi s contrac t covers both phases of the project w ith
a funding match of 20% loca l funds to BO% federal fu nds, however, th e total projec t cos t is
es timated at $1,500,000 and the loca l age ncies are responsible for all costs above th e federal
allocation .
$400,000 of federal funds are P ' •i mated for Ph ase I co nstructi on. The rem ai ning $200,000 of
federal funds will b e used for the des ign and construction of Phas e II . Englewood's matc h for this
p roject is $45,000 and is budgeted in the Publi c Improvement Fund.
The South Suburban Parks Foundation is accomplishing fundraising as detailed below:
fh.iw
Federa l Funds
South Suburban Parks Foundation
En glewood 2002 Contribution
Arapahoe County 2003 Contribution
Littleton 2003 Contribution
Total Budget
~
Federal Funds
Other Contributio ns to b e determin ed
Total Req uired Budget
$400,000
$120,000
45,000
45,000
___M.QQQ
$674,000
$200,000
~
$826,000
Local matching funds not req uired for Ph ase I will be transferred to Phase II .
LIST OF ATTACHMENTS
Bi ll for an Ordinance
Intergovernmental Agree ment
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