HomeMy WebLinkAbout2002 Ordinance No. 048•
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ORDINAN CE NO . .if
SERIES OF 2002
BY AUTHORITY
COUNC IL BILL NO . 48
INTRODU CED BY COUNC IL
MEMBER GARRETT
AN ORDINAN CE APPROV ING AN AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR DES IGN AND CO STRU CTION OF
SIDFWALKS ON BELLEVI EW A VENUE IN THE CITY OF ENGLEWOOD ,
CULORA DO.
WHEREAS , th e area on We st Bell eview Ave . betwe en Fed era l and Lowell arc
identifi ed in th e Cit y's "Si dewalk Mi ssi ng Link s"; and
WH EREAS , installation of si dewalks at thi s location is desirab le for the safe ty
and convenience of pedestria ns; and
WHERE AS, Cit y Council applied to Denver Regiona l Cou ncil of Gove rnments
(DRCOG ) to include thi s project in th e Transportati on Im proveme nt Program (T IP )/
and
WHEREAS , DR COG ag reed to include the projects for fun din g in 2u03 and
WHEREAS , 1hc Federal share for this project is S 112,000 and the Cit y of
Englewood's sha re wo ul d be $80 ,000 .
NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF TH E
CITY OF ENG LEWOOD, COLORADO , AS FOLLOWS :
..smiJm.j . The Ci ty Co uncil for th e Cit y of Englewood, Co lorado , hereb y approve s
th e Tran sport ation Enhancement Cont ract betwe en The Co lorado Depa rtm ent of
Tran sportation and the City of Englewoo d, State of Co lorado , a copy of whi ch is
att ac hed hereto and incorpora ted herein by reference .
~-The Ma yor is authorized to sig n and the City Clerk to attes t th e
Transpo rt atio n Enh anceme nt Con tract for and on behalf of the City of En glew ood,
Colorado.
In troduced , read in full and pa ss ed on firs t rea din g on the 7'' day of October, 2002 .
Publi shed as a Bill fo r an Ordinance on th e 11th da y of October , 2002.
Read by title and passe d on final readin g on the 21" day of Octobcrr , 2002 .
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(~(1.(-.1,io~
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• Publi shed by title as Ordir.ance No . !fl_, Series of 2002, on th e 25'' day of
October, 2002 .
Loucrishia A. Ellis
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. (F!.'U.A WR.KENH)
STE M395-005 (12 745)
REGION 6/(NSO)
Rev 2/00
02 HA6 00081
CMS ID 02-224
TRANSPORTATION ENHANCEMENT CONTRACT
THIS CONTRACT, made this--· day of _____ , 20_ by and between th e
State of Colorado for the use and benefit of THE COLORADO DEPARTME NT OF
TRANSPORTATION , hereinafter referred to as the State or COOT, anr', the CITY OF
ENGLEWOOD, STATE of COLORADO, 1000 Englewood Parkway, Englewood, CO 80110,
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 :md otherwise
made available and a sufficient unencumbered balanc e thereof remains available for payment of
• project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization
Number 9991, Program 2000, Functions 3020 & 33<.':, Object 2312 I P, Phases D & C,
Reporting Category 6240, Contract Encumbrance Number 12745, (Contract Encumbrance
Amount for 3020 : $20,000.00; for 330 1: $120,000.00 for a total encumbrance of: Sl40,000.00).
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2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to Title I, Subtitle A, Sectio n 1108 of th e Transportation Equity Act for the 21st
Century of 1998 (TEA-21) and to applicable provisions of Title 23 of the United States Code and
implementing regulations at Title 23 of the Code of Federal Regulations , as may b-. amended,
(collectively referred to hereinafter as "the federal provisions"), certain Federal funds have been
and will in th e 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 Administration (FHW A), hereinafter referred to as the program .
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4. Pursuant to§ 1007(a) ofTEA-2 1, at 23 U.S.C. § 13 3(d)(2), cenain Surface
Transp0nation Project funds are mad e available only for el igi ble "Transpcrtation Enhancement
Activitie s", as defined in § 23 U.S.C. § I 0 1 (a), and thi s con tract provides for the perfonnance by
the Loca l Age ncy of a project for an eli gi ble Transportation Enhancement Activity .
5. Pursuant to§ 43-1-223 , C.R.S. and to applic ab le port io ns of the federal provisions , the
St ate is responsible for th e general ad ministrati on and supervisio n of pt:rfonnance of projects in
the program , includin g the admi11istration of federal funds for a program project perfonned by a
loca l age ncy under a co ntract with th e St ate.
6. The Local Agency has requ es ted th at a ce rtain loca l highway project be funded as part of
th e program as a Tran sportation Enhancement Activity, and th e Local Age ncy Represents that the
project is an eligible Transportation Enhancement Ac tiv ity as defined in 23 U.S .C. § I0l(a), and
by the dat e of execution of thi s co ntract the Local Age ncy (and/or the St ate) has co mpleted and
subm itted a preliminary version of CDOT form #463 desc ribin g the general t.'ature of th at project
work . Th e Loca l Agency understand s that , be fo re the project work is ac tuall y started, the
desc ription of the project work in that CDOT form #463 will likely be revised as a result of
de si gn chan ges made by CDOT, in conjunction and coo rdination with th e Lo ca l Age ncy, in its
internal rev iew process . The Local Agency des ires to agree to perform th e project work as
desc rib ed in th e Form #463, as it may be rev ised in th at Proce».
7. Federa l-ai d fund s have been made available for project STE M395-005 for de sign and
construction of sidewalk , handic ap ramp , relocation of signage, traffic signal s, and curb cut
reconstruct ion on the west side of Belle view Avenu e, from Federal Bou lev ard to Lowell
Boulevard in Englewood , Colorado , as more specifically described in Exhibit A (t he Form #463
and/or a "Scope of Work ") and herein after referred to as "the project" or "the work".
8. Th e matchin g ratio for this federal -aid proje ct is 8()% federal-aid fund s to 20 % Local
Agency fund s, it bein g understood that such ratio appli es only to such costs as arc eligible for
federal participation , it being further understo od that all non-participating costs shall be home by
the Local Agency at 100%.
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9. The Local Agency desires lo comply with the federal provisions and other applicable
requirements , including the State's general administration and supervision of the project through
this contract , in order 10 obtain federal funds for the project.
JO . The Local Agency has estimated the total cost of the Work and is prepared to provide its
match share of the cost , as evidenced by an a,ipropriate ordinan ce or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the
L,caJ Agenry to enter into this contract and to expend its match share of the Work . A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
II. This contract is executed under the authority of§§ 29 --1-21>3 , 43-1-J l 0, 43-i-116 .
43-2-10 I ( 4)(c) and 43-2-144 , C.R.S., as amend ed, and the Local Agency ordinance/resolution .
12. The parties hereto desire to agree upon the division of responsibilities with regard to the
project.
13 . The Local Agency is adequately staffed and suitably equipped to undertake and
satisfactorily complete some or all of the Work .
14. The State certifies that such work can be more advantageously performed by the Loci:
Agency.
NOW , THEREFORE, it is hereby agreed that :
I. STANDARD FORM CONTRACT
This is a standard form contract that is designed to efficiently contract for and ~dminister 2 types
of program projects : I) program projects which include the same basic work elements (design ;
construction ; construction administration by local agency; right-of-way; utilities; etc .); and, also,
2) program projects with specific differences in those basic work tlements ~ a specific
project may include design but no construction , or it may include design and const. 11ction 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 requirements , based on whether specific work
element.; are included in the project. For instance, where the contract provides ... "If th~ Work
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includes engineering/design services , the Local Agency shall perfonn the following requirements •
... ", the Local Agency need perform those requirements only if engineering/design services are
expressl y included in the project, as defined in the Scope of Work. (Conversely, notwithstanding
that languag e is in the contract, the Local Agency can ignore those "requirements" if
engineering/design services are lli2J: expressl y i;icluded in the Scope of Work.)
The Local Agency shall interpret such qualifying language in that manner. By using such
language, the form contract can apply tr 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.
II. PROJECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of design and construction of
sidewalk, .handicap ramp , relocation of signage, traffic signals, and curb cut reconstruction on the
west side of Belleview Avenue, from Federal Bou:~vard to Lowell Boulevard in Englewood,
Colorado, as more spec ific ally described in Exhibit A, attached hereto and made a part hereof
(the Fonn #4 63 and/or a "Scope of Work") as it may be revised by the parties in the design
review process before the project work is actually st arted .
m. INCORPORATION BY REFERENCE
All federal and state statutes, regulations, specifications, administration checklists, directives,
procedures, docwnents, 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 tenns and conditions of this contract as though fully set forth .
IV . WORK RESPONSIBILITY
The Local Agency shall be responsible to perfonn all design and/or right-of-way and/or utility
and/or construction an d/or construction administration tasks required to complete the Work, and
the Local Agency shall comply with all applicable terms and conditions of th.is contract in
performing the Work, including those proc~~; and task responsibilities and standards as
specifically indicated m \he Pre-Construction and Construction Administration Checklists
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• attache d here 10 an d made a part hereof. The responsible party shall perform all such tasks in
accordanc e with applicable requiremenls and s1andards, includin g thos e in this co ntract and i
applicable law.
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V. PROJECT FUNDING PROVISIONS
The funding provisions for the project are attached here to and in corp orate d herein as Exhibit C.
VI . TRANSPORTATION ENHANCEMENT ADVANCE PAYMENT PROVISIONS
The advance payment provisions described herein shall appl y onl y to a percentage of the
construction work portion of an enhar1cement project, as described below. Payment for all
other work portions of the Project , including for the design work, shall be on a reimbursement
basis , as described below .
A. Pursuant to FHWA's approval under 23 U.S.C . § 13 3(e)(3)(B ), the Stat e will provide an
advance payment up to a maximum percentage of the total amount for the construction
portion of tran sportation enhancement project activi ti es , in accord with the following
procedures .
I . the Stale wi ll provide advance payment to the Loca l Agency of 70% of the federal
funds budgeted and available for the construction of this transport ation
ei ,hancement 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 , after execution of this Contract :
a) a financial statement for the construction of the project; and
b) an invoice fur advance payment of70% of the federal funds budgeted and
available for the construction of the project.
3. After receipt of such statement and invoice, the State will issue a warrant to the
Lo ca l Agency in the amount of the approved advance payment of construction
project funds , subject however to the prior performance of the follo wing : A) the
satisfactory completion of the des ign of the project; B) the State approving the
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Local Agency's construction contract; and C) th e 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 th e performance of
the construction work of the project. Upon receipt of the notice to proceed from
the State, the Local Agency shall proceed expeditiously to start the construction
work and prosecute it dili ge ntly to cr,mpletion. If for any reason the local agency
does not start the construction work within 120 days of receipt of the notice to
proceed, or if the Local Agency starts the construction work but discontinues or
abandons performance before completion, the Local Agency shall remit to the
State all federal funds reimbursed or advanced by th e State for the project not later
than 30 days after the I 20th day, or after the date the Local Agency
di scontinues/abandons performance , as applicable.
5. When the Project construction work is completed, the Local Agency shall submit
to the State all required paperwork for that construction work, together with a
final statement of costs for that construction work and a billing for the remaining
300/4 of the federal funds budgeted and avai labl e for the Project construction work.
The State shall not reimburse the Local Agency the remaining 30% of the
construction work costs until the State has reviewed the billings and has inspected
the completed project construction work, subject to the terms and conditions of
this contract.
B. Except as provided in A. above, the State will reimburse the Local Agency for the
federal-aid share of the project design, and other work following the State's re,;ew and
approval of such charges, subject lo the terms and conditions of this contract. Toe Local
Agency will prepare and submit to the State monthly charges for costs incurred relative to
the de sign. and work portions of the project. Provided, however, that charges incurred by
the Loc n, Agency prior to tli.e dal~ ofFHWA authorization for the project and prior to the
date thi s c.:>ntract is executed by the State Controller or his designee will not be charged
by the Local Agency to the project, and will not be reimbursed by the State, absent
specific FHW A and/or Stale Controller approval thereof.
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C. The Staie will reimburse the Local Agency 's reasonabl e, allocable, allowable costs of
perfonnance of th e Work , not exce eding the maximum total amount de scribed in Exhibit
C .. The applicable principl es de scribed in Title 49, Code of Federal Re gulations , Part 18
(the "Common Rule"), Subpart C ("Financial Administration"), including 49 C.F.R .
18.22 , shall govern the allowability and allocability of costs under this contract. The
Local Agency sh ail comply with all such principles . To be eligible for reimbursement ,
costs by the Local Agency shall be :
I. in accordance with the provisions of Exhibit C and with the tenns and conditions
of the contract.
2. necessary for accomplishment of the Work .
3. reasonable in amount for the goods and services provided .
4. actual net cost to the Local Agency (i .e., the price paid minu s any refunds , rebates,
or other items of value received by the Local Agenc y tha1 have the effect of
reducing the cost actually incurred).
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incurred for Work perfonned subsequent to the effective date of this contract.
satisfactorily documented .
D. The Local Agenc y shall establish and maintain a proper accounting system in accordance
with generall y accepted accounting standards (a separate set of accounts, or as a separate
and integral part of its current accounting scheme) to assure that project funds are
expended and costs accounted fo r in a manner consistent with this contract and project
objectives.
I . All allo wable costs charged to the proj ec,, including any approved services
contributed by the Local Agency or others , sha:t be supported by properly
executed payrolls , time records , invoice s, contracts or vouchers evidencing in
detail the nature of the charges .
2. Any ch eck or order drawn up by the Local Agenc y, including any item which is or
will be chargeable against the project account shall be drawn up only in
accordance with a properly signed voucher then on file in the office of the Local
Agency, which will detail the purpose for which said check or order is drawn . All
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checks , payrolls, invoices, contracts , vouchers, orders or other accounting
documents shall be clearly identified , readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
E. Upon execution of this contract the State is authori zed, in its discretion , to perform any
necessary administrative npport services pursuant to this contract. These services may be
performed prior to and in preparation for any conditions or requirements of this contract,
including prior FHW A approval of project work . The Local Agency understands and
agrees that the State may perform such services, and tha t payment for such services shall be
at no cost to the State but shall be as provided in Exhibit C. At the request of the Local
Agency, the State shall also provide other assistance pursuant to this contract as may be
agreed in writing . In the event that federal-aid project funds remain available for payment ,
the Local Agency understands and agrees the costs of any such services and assistance shall
be paid to the State from project funds at the applicabl e r.,:e. However, in the event that
such funding is not made available or is withdrawn for th;s contract, or if the Local Agency
terminates this contract prior to project approval or completion for any reason , then all
actual incurred costs of such services and assistance provided by the State shall be the sole
expense of the Local Agency.
F. !flh~ Local Agency is to be billed for COOT incurred direct costs , the billing procedure
shall be as follows :
I . Upon receipt of each bill from the State , the Local Agency will remit to the State
the amount billed no later than 45 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 45 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that at the request of the State , the State Treasurer may withhold an equal amount
from future apportionments du e the Local Agency from the Highway Users Tax
Fund and to pay such funds directly to the State . Interim funds , until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (4 00).
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
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interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full.
The interest shall accrue for the period from the required payment date to the date
on which payment is made.
G . The Local Agency will prepare and submit to the State monthly charges for costs incurred
relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance and the an,ounts 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.
H. To be considered for payment , billings for payment pursuant to this contract must be
received within 60 days after the period for which payment is being requested and final
billings on the contract must be received by the State within 60 days after the end of the
contract term .
I. Payments pursuant to this contract shall be made as earned, in whole or in part,
from available funds , encumbered for the purchase of the described services. The
li ab ility of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds .
2. In the event this contract is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion offinal audit.
3. Incorrect payments to the Local Agency due to omission, error, fr .,ud, or
defalcation shall be 1r.rovered from the Local Agency by deduction from
subsequent payment under this contract or other contrac1s between the State and
Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency th&t are not allowable under the Common
Rule shall be reimbursed by the Local Agency, or offset against current
obligations due by the State to the Local Agency, at the State's election .
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VIl . ST A TE COMM ITM ENTS
A. Th e State will pro vid e liaison with the Local Agency through th e State's Region
Direc tor , Re gio n 6, 2000 South Holl y Stre et, Den ver, Co lorado 80222, (303) 75 7-925 1.
Said Re gion Director will also be respo nsi bl e for coordi nating the State's activi ties und er
thi s contrac t. Said Region Direc tor will also iss ue a "No tice to Proceed" to th e Local
Age nc y for commencement of th e Work. All co mmuni catio ns relati ng to the day-to -day
ac ti vi ti es for th e wo rk shall be exchanged between repr ese nt atives of the State's
Tran sponatio n Re gio n 6 and th e Loca l Agency . Until changed by no tice in writin g, all
such noti ces and communications shall be addressed as follows :
!f to Stat e:
Kevin Hsu
COOT Regio n 6-Design
2000 South Holly Street
Denver, CO 80222
(303) 757-9931
Ifto State:
Ron Buck
COOT Region 6-Co nst.
8833 S. Wadswonh Ct.
Littleton, CO 80128
(303) 972-9 11 2
If to th e Local Agenc y:
Dave Henderson
City of Englewood
I 000 Englewood Parkway
Englewood, CO 80 I I 0
(303)-762-2506
B. The State will advance/reimburse th e Local Agenc y for th e federal-aid share of the
proje ct charges , as pro vided in Exhibit C.
C. If the Work includes construction, th e Stat e, at it s discretion, will review construction
plans, special pro visio ns and es timat es and will ~aus e the Local Age nc y to make th ose
chan ges therein that the St ate determ ine s are ne cessary to assure compliance with State
and FHW A requir ements.
D. State will perfo rm a final projec t inspection prior to project acceptanc e as a Quality
Control/Assurance acti vity. When all project wo rk has been satisfactorily compl ete d, the
State will sign the FHWA form 1212.
vm . LOCAL AGENCY COMMITMENTS
A. DESIGN .
I. If "the Work " includes preliminary design, or fin al design (a.k .a. "co nstruction plan s"), or
des ign work shee ts, or special provisions and estimates (co ll ec ti ve ly referred to as "the
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Plans"), the party that is responsil..ie under Section IV (either the Local Agency or the
State) for the Plansld esign shall comply with the following requiremen1s, as applicable :
I. perform or provide the Plans, lo th e extent required by the nature of the Work.
2. prepare final design ("construction plans") in accord with the requ irements of the
latest edition of the Americ an Associalion of State Highway Transportation
Officials (AASHTO) manual.
3. prepare special provisions and estimates in accord with the Slate's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
4. include details of any required detours in the Plan,, in order to prevent any
interference of the construction work and 10 protect the traveling public .
5. slarnp the Plans produced by a Colorado Registered Professional Engineer.
6. provide final assembly of the Plans and contract documents.
7. be responsible for the Plans being accurate and complet~.
8. Make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall be
considered final when approved and accepted by the parties hereto, and when final
they shall be deemed incorporated herein.
II . 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 State to comply with FHW A requirements.
2. It may enter into a contract with a consultant to do all or any portion of the Plans
and/or of construction administration. Provided, however, that if fed,:ra!-aid
funds are to participate in the cost of such work to be done by a consultan!, the
Loca l Agency shall ensure that its procurement of that consultant contract (anu 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 \he Administration o f Engineering and Design Related Service
Contracts), and with any procedures implementing those requirements as provided
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by the State, including those described in Attachment #1, which is incorporated
herein by this reference . Those requirements and procedures include, without
limitation :
a) it shall ( or its contractor shall) submit any consultant subcontract to CDOT
for approval prior to its execution by the Local Agency/Contractor, as required by
§ 172 .5 (c!);
b) it shall ensure that all changes in the consultant contract shall be by written
supplemental agreement and must have prior approval of the State and FHW A.
As soon as the contract with the consultant has been awarded by the Local
Agency, one copy of the executed contract shall bl! ,ubmitted to the State. Any
amendments to such contract shall be similarly submitted;
c) it shall require that all consultant 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
Attachment 2;
d) it shall (or its contractor shall) also use the CDOT procedures as described
in Attz.chment #I to administer that design coPsultant subcontract, to cor,,ply with
§ 172 .S(b) and (d);
e) it may expedite any CDOT appro val of its procurement process and/or of
its consultant contract by submitting a letter to CDOT from the Local Agency 's
attorney and/or authorized representative certifying compliance with those CDOT
Attachment #I procedures and with the requirements of§ 172.S(b) and (d).
f) it shall ensure that its consultant contract complies with the requirements
of 49 CFR 18 .36 (i) and contains the required provisions as well as the following
language which shall be included verbatim :
I} "The des ign work under this contract shall be compatible with the
requirements of a separate contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
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design/construction of the project. The State is an intended thi rd narty
beneficiary of this contract for that purpose."
2) "Upon advertisement of the project work for construction, the
consultant shall make available services as requested by the State to assist
the State in the evaluation of construction and the resolution of
construction problems that ma, arise during the construction of the
project."
3) "The consultant shall 7eview the construction contractor's shop
drawings for confonn i1-,:.: , .,\ the contract documents and compliance
with the provisions v .' lt,e S,.te's publication, "Standard Specifications for
Road and Bridge Construction", in connection with this work."
CONSTRUCTION.
If "the Work" includes construction, the party that is respnnsihle ·•.:•ter Section for the
construction/construction administration IV (either the Le :·:,? '-..~•11: ;· t' r the St.ate) shall
perform the construction in accordance with the approved de. ,6" 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
inspections; documentation of contract payments, testing, and inspection activities;
preparing 1pproving pay estimates; preparing, approving. ar~ s~curing the funding
for contrac t 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.
IJ . 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 Agenc y 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
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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 construction of the project (as provi de d in § 12-25-102 C.R.S . as
amended), notwithstanding any exception described in § 12-25-103, C .R.S., as
amended .
2. it bids are to be let for the construction of tt,, project, the Local Agency shall in
conjunction with the State advenise the call fri, bid s and upon concurrence by the
State award the con3truction cnntract(s) to the low responsive, respon r,ible
bidder(s).
a) In advenising and awarding the bi<i fo: tll •· construction of a federal -aid
project, the Local Agenc y shall comply with applicable requirements of 23 U.S.C.
§ 112 and 23 C.F.R. § § 633 and 635 . Those requirements include, without
limitation, that the Local Agency/Contractor shall physically incorporate the entire
"Form 1273" (which, if relevan t to this contract, is artacbed) verbatim into any
subcontract(s) for those services as terms and conditions thereof, as required by 23
CFR 633.102(e).
b) The Local Agency has the option to accept or reje: :t the proposal of the
low bidder for work on which competiuve bids have been received. The Local
Agency must declare the ac :eptance or rejection at th! award confCl\."tlce or within
3 working da}S afte r said bids are publicly opene,1 whichever occurs later.)
c) By indicating its concurrence in such award at the award conference, the
Local Agency acting by or through its duly authcrized representatives, agrees to
provide additional funds, subject to their availability and appropriation for that
purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project.)
3. if all or pan of the construction work is tc, be accomplished by Local Agency
personnel (i&., by "force account"), rather than by a conu..ctor pursuant to a
contract with the Local Agency, the Local Agency will er.wre that all such force
account work is accomplished in accordance with the pertinent State
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specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force
Account Construction".
a) Such work will nonna lly be based upon estimated quantities and finn 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 perfonned.
b) An alternative to (a) is that the Local Agency may agree to participate in
the Work based on actual costs of labor, equipment rental, materials supplies and
supervision necessary to complete the Work . Where actua l costs are used,
eligibility of cost ite ms shall be evaluated for compliance with Federal
Acquisition Regulations (FAR), 48 C.F .R. Part 31.
c) Rental rates for publicly owned equipment will be detennined 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 State and/or
FHWA and shal not be initiated until the State has issued a written notice to
proceed.
C. ROW ACOtnSITION/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 that no additional ri ght of way is required.
D. UTfLITIES.
The 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 Lo cal Agency will certif, in writing t,:i the State that all such
clearances have been obtained .
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E. RAILROADS .
In the event the proj ec t involve s modifi catio n of a railroad r.o mpany's facilities at a
railroad grade crossing whereby the Work is to be accomplished by railroad company
forces , the Local Age ncy shall mak e timel y application to the State Public Utilitie s
Commi ~ •ion requestin g its order providin g for the installation of the proposed
improvements and not proceed with th at part of the work wi thout complian ce. The Local
Agency shall also establish contact with the railroad co mpany involved for th e purpos e of
compl)fog with applicable provisions of 23 Code of Federal Regul ations 646, Su bpart B,
concerning federal-aid projects involving railroad facilities, including:
I. Executing an agre ement setting out what work is lo be accomplished and the
location(s) thereof, and that the costs of the improvemen t shall be eligible fur
federal participation .
2. Obtaining the railroad's detailed estimate of th e cost of the Work .
3. Establishing future maintenance responsibilities for the proposed installation .
4. Prescribir.g future use or di spo sition s of the proposed impro ve ments in th e event
of abandonment or elimination of the grade cros sing .
5. Establishing future repair and/or replacement re sponsibilitie; in the event of
accidental des truction or damage to the installation.
F. ENVIRONMENT AL.
The Local Agency shall perfonn all work in accord with the requirem ents of current
federal and state environmental regulation, including the National Environmental Policy
Act of 1969 (NEPA) as applicable.
G. RECORD KEEPING .
I. The Local Ag ency shall mai ntain all books, documents , pap ers, accounting records and
other evidenc e pertaining to costs incurred and to rr.akc such material s available for
inspection at .a ll reasonable times during the contract perio d and for 3 year.; from the date
of final pa}ment to the Loc al Agency. Copies of su ch records shall ~,e furnishe d by the
Local Agenc y if requested .
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II.
H.
The Local Agency shall , during all phases of the Work, permit duly authori zed agents and
employees of the State and the FHWA to inspect the project and to inspect, review and
audit the project records .
MAINTENANCE.
The Local Agency will maintain and operate the improvements constructed under this
contract, at its own cost and expense dwing their useful life, in a manner satisfactory to
the State and FHW A, and will makt •mple 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 n at c and FHW A will make periodic
inspections of the proj ect to verify that such improvements are being adequately
maintained.
I. FEDERAL REQUIREMENT."
The Local Agency/Conlmct<n ~h;:,1 nt di times during the execution of this contract
strictly adhere to, and comply ·~ i~,, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be an,ended, which
are incorporated herein by this reference as terms and conditions of 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 re sponsibilities
under this contract, are described in ADDENDUM A.
J. DBE REQUIREMENTS
The Local Agency will comply with the requirements of Appendix B and the
Construction Contract Administration Checklist regarding DBE requirements for the
work, except if the Local Agency desires to use its own DBE Program to implement and
admini ster 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. If the Local Agency uses its program for this contract, the
Local Agency shall be solely responsible to defend that DBE Program and its use of that
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Program against all legal and other challenges or comp laints , tt its sole cost and expense.
Such responsibility includes, without limit ation , detenninations concerning DBE
eligibility and certification , adequate legal and factual bases for DBE goals, and good
faith efforts. CDOT approval (if an y) of the Local Agency's DBE Program does not
waive or modify the sole responsibility of the Local Agency for its use as described
above .
K. LOCAL AGENCY FUNDS
The Local Agenc y shall provide its match share and indirect c.:ist f::,,,.ts for the work as
outlined in Exhibit C.
IX . GEJ\l"ERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State fo r the Plans, the State will
not be liable or responsible in any manner for the str1c • u ra l design, details or construction
of any major structures that are designed within the V-, rk of this contract.
B. If the Work involves co·nstruction , the State shall have the authority to suspend the Work,
wholly c,r in part , by giving written notice thereof to the Local Agency, due to the failure
of the Local Agenc y or its construction co ntractor to correct project conditions which are
unsafe for the Workmen or for such periods as the State may deem necessary due to
unsuitab e weather, or for conditions considered unsuitable for the prosecution o f the
Work , or for any other condition or reason deemed by the State to be in the publi,,
in terest.
C. I bi s ontract may be tenninated as follows:
I. Tennination for Cause. If, through any cause, me Local Agency shall fail to
fulfill , in a timely and proper mann er, its obli 5ations under this contract, or if the
Local Agency shall violate any o f the covenants , agreements, or stipulations of
this contract, the State shall thereupon have the right to terminate this contract for
cause by givin g 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
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unfinished documents , data, studies, surveys, drawings, maps, models,
photographs , and reports or other material prepared by the Local Agency under
this contract shall, at !he option of the Stale, become its property, and the Local
Age ncy shall be entitled lo received just and equitable compensati on for any
services and supplies delivered and accepted. The Local Ag ency shall be
obligated to return any payment advanced under the provisions of this contract.
Notwithstanding above, the Local Agenc y 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 I n cn! Agency. It shall be grounds for the State to te:minate this
conu-act for cduse, if after a period of two (2) ye ars fr om the date of this contract,
the Loci! Agency fails to substantially prosecute the work outlined i11 the contract.
If after such termination it is determined , for any reason, that th e Lo cal Agency
was not in default, or that the Loca: Agency's action/inaction wcs excusable, such
termination shall be treated as a termination for convenience, and the righis and
obli gations of the parties shall be the same as if the contract had been terminated
for conve nience, a~ described herein.
Term ination for Conveni,mce . The State ma y temiinn te thi s contract at any time
the State determines that the purposes of the distribution of funds under the
contract would no longer be served by completion of tl ,e project. The State shall
effect such termination by giving written notice of termination to the Local
Agency and specifying the effective date thereof, at least twenty (20) days before
the effective date of such termination .
3. T ermination Due to Loss of Funding. The parties hereto expressly recognize that
the Loc al Agency is io be paid, reimbursed, or other.vise compensated with
federal and/or State funds which are available to the State for the purposes of
contracting for the project provided for herein , and therefore, the Local Agency
expressl y understands and agrees that all its rights, demands and claims to
compensation arising under this contract are con•ingent upon availehility of such
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D.
funds to the State. In the event that such funds or any part thereof are not
avai lable to the State, the St ate may immediately tenninate or amend this contrac:.
Notwithstanding anything herein to the contrary, the parties understand and agree that all
tenns and condition• of this contract and attachments hereto which may require continued
perfonnance or compliance beyond the tennination date of the contract shall smvive su ch
tennination date and shall be enforceable by the State as provided herein in tb, r.'lt,1 l or
such failure to perfonn or comply by the Local Agency.
E. This contract is subject to such modificat ions as may ho :e11 11ired by ch3","~ it ti ; •,a l or
State law, or their implementing regulations . Any such required modi, .. ;.,_, " shall
automatically be incorporated int<' and be part of U1is contract on the effeccn•e date r f
such change as if folly set forth ht,ein. Except as specifically provided other,,-ise herein ,
no modification of this contract shall be effective unless agreed to in writing by b,
parties in an amendment to this contract that is properly executed and app ro ,· · it.
accordance with applicable law .
F. To the extent that this contract may be executed and performance of the obligations e r the
•
parties may be accomplished within the intent of the contract, the terms of tbis contract •
are severable, and should any tenn or provision hereof be declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent bre:r.h.
G. This contract is intended as the complete integration of all understandings between the
parties . No prior or contemporaneous addition, deletion, or other amendment bereto shall
have any force or effect whatsoever, unless embodied herein by writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or
effect unless embodied in a written contract executed and approved pursuant to the State
Fiscal Rules .
H. Except as herein otherwise provided, this contract shall inure to the bene fit of and be
binding upon the parties hereto and their respective successors and assigns.
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I. The Loca l Age nc y represe nts and wa rrant s that it currently has r,o :rll'~resr .. and sh all not
acq ui re any int eres t, direc t or in direct, that wo uld conflict in an )' •,i..u lll er c,r de gre e with
th e perfo nn ance ::-f the Loe I Age ncy's obl igations under thi s c.:.r.trnc t. The Loc al
Agency's fun he r covenants tha t, in th e perfonnanc e of thi s contrac,, it will not emplo y
any person or finn hav ing an y such known interests .
J . This contract shall become "effective" only upon th e d. ·e it is exec uted by the State
Controll er, or design ee. The tenn of this contract shall begin on U\c date first written
above and shall continue through the completion and final acceptan~e of this project by
the St ate , FHW A and Local Afency.
K . The Spec ial Provisions , Attachm ent LO (Certification for Federal-Ai d Contracts), and
Appendix B (DBE requirements) and Addendum B, Contract Modification Tools
attached hereto are hereby made a pan of thi s contract. The Loc al Agen cy sh all comply
wi th all appli cable tenns and conditions of such attachments .
L. If a conflict occ urs betwee n the pro visions of thi s contract proper and the attachm ents
hereto, the priori ty to be used to resol ve such a conflict shall be as follows:
I. The Special Provisicns and the att achments enumerate~ in Section VI, par~graph
K, ab ov e; and
2. Thi s contract proper;
3. Other contract exhibits and attachments , in descending order of th eir attachment.
M . It is expressly understood and agreed that the enforcement of the tenns and conditions of
this contract, and all rights of action relating to such er 'orcement, shall be strictly
res erv ed to th e panies hereto , and nothing contained in thi s c ontract shall give or allow
an y such claim or right of acti on by any other or third person on such contract. It is the
ex press int ention of th e panics that any pers on or entity ,,ther than the panics receiving
services or benefits under this contract be deemed to be an incidental ben eficiary only.
N . The Local Agenc y ass ures and gu arantees th at it possesses the legal authori ty to enter into
this contract. The Local Agency warrants that it has taken all action s required by its
procedures, by-laws. and/or applicable law to exercise that authority, and to lawfully
authoriza its unders igned sign atory to execute this contract and to bind the Local Agency
-21 -
io its tenns . The person(s) exec uting this contract on behalf of the Local Agency
warrants that they have full authorization to execute this contract.
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• IN WITNESS WHEREOF , the parties hereto have executed tnis contract the day
and ye ar first above written .
ATTEST:
By ______ _
Chief Clerk
ARTHUR L. BARNHART
State Controller
By ______ _
ATTEST : (SEAL)
By ______ _
Title _____ _
ST A TE OF COLORADO
Bll.L OWENS , GOVERNOR
By _______ _
Executive Director
DEPARTMENT OF TRANSPORTATION
APPROVED :
KEN SALAZAR
Attorney General
By ______ _
Assistant Attorney Gene ral
Civil Litigation Section
CITY OF ENGLEWOOD, COLORADO
By _________ _
Title ________ _
Fed .ra) Employer Identification
Number: 846000583
-23-
l?)Eng il1 h
Q flnaJ
Revis&d by:
Revise Cate .
Revision 111:
Regjon : 06
O _re.ised
County1 :
Date: Municipality: Englcwoud
Approve<' by Preco:islru:tlon Eng ineer: Syslem code : 0 IM Q NHS • ST? Q OTHER
Overs lghl: • COOT Q FHW A Q On<ER
PlaMed leng1h : 0 . .5
• Urban Moun1alnous
Description of proposed constructiorv'lmprovemenl (attach map showing slle loca!lon)
Install ation or 5' wide sidewalk 111o ng 1hc nonh side of W. Bell eview Ave . ln stallm io n of hllndicap ramps a1 r.urb rclum s wit h as.sociated incide nta l
work , incl ud ing rclocntion of signogc, 1raffic sign11ls, ~'1d curb cut reconstruction .
(Note: use columns A, B, and/or C to Identify facility described below)
Current year. Fut ure year ·
F1clllty ADT OHV DHV % trucks ADT
I FacillfV loca.don
lnduSlriaJICo,nmerciail Residen..,.I Other
□ □ □
Route Retpt Endr•~t Functlonal cl111lflcatlon
'·,-----+-----+---+--------+--------+--------"' ....
2.
(Identify substandard item s with a checitmark In t sl column and ciarity in remar1c.s)
A • B• C ■
Standard Existing Proposed Ultimate Standard Exfsting Proposed Ultimate Standard E..Jcistrtg IProoosad Ultima!e
Surface type
Typical section type
• of travel lanes
Width of tra\181 lanes
Sho\ider wd . IIJmecfian
Sholider wd rtJoutslde
Side slope clsl r z')
Meaian'Mdth
Posted speed
Design speed
Mruc. superalevalion
Min. radius
Min, horizonlal ssd
Min . vertical ssd
0 3A O 4A O Cl':,-, ==~====-=c::.:rit::•:::"•:..__...jExistlng guarnrail meets cu rrent standanls: 0 Ym O No
0 Safely project eo.nments:
Not all standards
See rema u--'----''-•-d<ll_•_•_•ed----t
COOT Form t"3 71'2D01
Pag e2 Pr01ect CoUe : 1274l I Pr01ecI Numbe r: MJ9'l-00l I Revise Date :
Q Maj0r Struct-.;ris
f;.,o r•y A ■IO be rtfTIO<le<I P•2!3?!!:e<I nN stn.ictu r• I S1111dllfd Slructurp Horizontal Vertical Year -· . ·~-•-n-•h R •f f-, .. , F ....... , ... lne -·--• Width Rrlwv ··" Clearance Clearance Built --
i
-'---
Proposed trearment ol bridges to ramnln in pla ce (aOdress bndgo rail. capaci ty, and allowable surface thickness)
~ Project Characteristics (p,oposed) Median type: 0 dtpressed () painted 0 ralsed 0 none
ILiohti no f71 Handicap ramos • 1 Traffic cont rot nlanaI:; I lSlriplno
Curb and nutter r l cu,o-•· 7 Left -tum slot; r lcon!inuous width :■
✓ Sidewalk width • l ' r I e;kewav -• 7 RJDht-tum slots r 7 continuous width ::1-
Pantinn lone width • r 7 Detours Slnnlnn: nconstructioo -M rmnnanenl
Landscape reoulrement s: (description) Other. (description)
Ill Rlgh• of Way Yes No Est No. lfi UtllltlH (!Is l names ol known utility companies)
ROW andfor penn , easemen t required: 0 • ---Xcel Ene rgy • Gas & Elec1ri c OisIribuIion, Qwest. AT&T
Re location req ui red : 0 • Broadbilnd, Oc~vcr WaIer Dept., Littleton Sanitation . ---Temporary 8!Hement required: • 0 ---• Change s In access: 0 • ---Changes lo connettlng roads : 0 • l!I R1llro1d cror.sl ngs • of cross ings :
Agreements
Railroad Nam e required Presen t protection Condrtk>n of x'ings
1 n
2 D
3 D • 0
Recommendations :
IIIEnvt ronmental
Type: CE Programmatic Categorical Exduslon I : 23 CFR n1.117 pa,•y'8ph (c)(3)
128 Initia tion Oale :01 /14fl002 Revision Date: Clearance Action Data:
COmments:
~ Coo rdlnallon
Withdrawn lands (power slles . reservoi rs . etc.) cl eared through BLM fores t service office I irrigation ditch name:
I New traffic ordinance req uired 7 7 Modify schedule of e»stlng on!lnance I Municipality:
0lhe<:
Ill Co nstruction method ·-
noAdReason: () Deslgn Q Local F/A
~sedby:Q S1a1e Q P.O. Q RRF/A En tity/Agency contact name: Dave Henderson
• Local 0 Study () UtilltyF/A Phone number. 303· 762-2S06
0 None Q COOT FIA ( Miscananeous
if.I Remarks (l nctuae additional pages 11 ne ed ed ) ·----·
Cop,.s to : ReglOO Files, Regtan En " Ma nager. Staff Design Branch (QA), PMO , ROW , Slaff Bridge or where approptlaIe
A TI AC HM ENT #1
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT ·
AGREEMENTS WITH PROFESSIONAL CONSUL TANT SERVICES
Title 23 Code of Federal Rcgularions (CFR) 172 applies lo a federally funded local agency project agrcemenl
administered by COOT tha1 involves professional consullant sciviccs . 23 CFR 172 and 23 CFR I 72(d) stale Iba~ 'When
federal.aid hi ghway fund" participate in the contract a loc:1I sha ll use the same proccdwcs :as used by the Sta te to
administer contracts ... ". "il,.crcforc, lt>cal agencies must comply with this CFR requirement and the folJowing sllltc
procedures when obtaining professional consultar.l ritviccs under a federally funded cons ultant contract administered by
COOT.
COOT has formula1cd ilS procedures in Procedural Dirccrivc (P .O.) 400.1 and the rclalcd operations guidebook tilled
"O btaining Profcssiolllll Coosullant Sciviccs". This directive ond guidebook incorpora1c rcquimncolS from both Federal
ond SIOlc rcgularions , i.e., 23 CFll 172 and Co lorado Rcvisco Staru1c (C.R.S.) 24-30-1401 ct seq. Co pies of the directive
and the guidebook may be obtained upon request from CDOTs Agreements and Consultant ~ianagcment Unit (Local
agencies sho uld bra ve their own written procedures on file for each method of procuremen t that addresses the items in 23
CFR 172.5(b)(l-6)].
Because tl'.c procedures and laws described in the Procedural Directive and the guidebook arc qujte lengthy , the
subsequert steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining
professional consuhant services . This guidance follows the format of 23 CFR 172 . The steps are :
1. The contracting local agency shall docwncnt the need for obtaining professional sen.i--cs .
2. Prior to solici tati on for consull.3.tl l servic i:s, the contracting local agency sha ll develop a detailed scope of work
and a li st of eva luation factors and their relative importnnce . The eval ua lion fac1ors uc I.hose identifi ed in C.R.S.
24•30 -1403 . Also, a dctniled cost estimate should be prepared for use during negotiations .
3. The contracting agency must advertise fo r contracts in conformity with the rcquirem:uts ofr..R.S . 24-30•1405.
The public notice period, when such notice is required, is a minimwn of 15 clays prior to the selection oftbe three
most qualified firms and lhe advertising should be done in one or more daily newspapen of genenl circuJation .
4. The reques 1 for coosultanl services should include the scope of work, the eva luation fiu:tors and t'1cir relative
imponancc, lhc method ofpaymcn~ ood the goal often percent (10%) Disadvantaged Business En1crprisc (DBE)
participation as a minimum for the project.
5. The analysis and selection of the cons ultants shou ld be don~ in accordance with C.R.S. 24-30-1403 . This section
of the regulation identifies the criteria to be used in the evaluation of COOT pre-qualified prime consultants and
their te.im It also shows which crileria art used to sbon-list and to make a final selectio n.
The shon-list i.i basW on the following evaluation factors :
a. Qualifications,
b. Approach 10 the project,
c. Ability 10 furnish profe!.sioi1al services .
d. Anticipated design concepts . :ind
e. Alternative methods of approach for furnishing the professional service s.
Evalua tion filc1ors for final selec ti on arc the cornu ltnnt's:
a. Abil ities of their pcrsoMcl.
b. P,sr pcrfomuncc,
c. Willingness to meet the time and budget requirement.,
d. Location.
e. Currcnl and projcc1ed work load,
f. Volume of pr<:viowly awarded conlr.lclS , aod
g. hivolvement of minority consultants.
Under 14-30•1401, cos t 5hall not be considered as a '2clor in the eva luation or pro(esslo nal consuJtant
services.
R£QL'IRfO BY 23 CFR 6ll.102 -
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• 6. Once a consultant i.s selected, the local agency enlers into negotiatiom with the consultanl to obtain a fair and
reasonable price for the anticipated work. Prc-oegoriarioo audits an, prepan,d for contracts expected lo be greater
than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48
CFR 31. Fixed fees (profit) = determined with considention given to size, complexity, dW11tion, and degree of
risk involved in the work. Profit is in the r,nge of six (6) to fifteen (15) percent of the total dim:t and indirect
costs.
7. A qualified local agency employee shall be responsible aod in charge of the project to ensure that the work being
pursued is cornplctc, ac,:uratc, and consistent with the lenm, conditions , and specifications of the contract. At the
end ofprojec~ the local agency prepares a performance evaluation (a CDOT form is available) on the consultant.
8. Each of the steps listed above is to be docwnented in accordance with the provisions of49 CFR 18.42, which
provide for r<eords lo be kept at least three (3) yean from the date that the local agency submits its final
expenditure repon. Records of projects under litigation shall be kept at least three (3) years after the case bas
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 jwt discwsed .
REQUIRfOBY 2lCFR6ll.102 -
PRECONSTRUCTION ADMINISTRATION CHECKLIST ·
Region : ______ __,6~·----Project Code#: 12745
Local Agency : Englewood
COOT Desi gn Proj . Mgr.: Ke vin Hsu
COOT Resident Engineer: Ron Buck
Proj ect #:_~M=3~9~5-~0=05~_
Location: W. Bellevi ew: Fed . Blvd to Lowell
Descri:,tion : Sidewalk and Ramp s
The following checklist sh all be utili zed to es iablish the PRECONSTRUCTION ADMINISTRATION
CHECKL IST re sponsibilities of th e individu al panics to thi s agreement.
NO . DESCRIPTION OF TASK
I. Transportation hnprovement Program(T .I.P .)
2. Des ign Data (C DOT Form #463) . . . . . . . . . . . . . . . . • . . . . . . ....... .
3. Fund ing Authorization ................................ , ...... .
4. LNCDOT Project Agreement ................ , .............. , .. .
5. Utility, Railroad, and Co nsultant Agreeme nts ............... , ....... .
6,
7.
Consultant Selectio n ....................•..•.......•......•...
Field Inspection Review (FIR) .. , ... , .......................... .
8. Publi c Hearings
9,
10 .
11.
12.
13.
E11viro nment al Pro cesses ...... , .........................•.... ,
Design Ap prova l ........... , .•.•...........
Final Office Review (FOR)
Force Account Just ification
Proprietary Item Justifi cation ...............•...................
14 . Davis-Bacon Wage Rates LX.. Yes _No) ...........•....•.......
15 . Design Exceptions . . . . . . . . . . . . ..........•..............•....
:·'.ESPONSIBLE PARTY
!..OCAL
.\GENCY CDOT
__x_,
-1L .JL
.R
-1L __x_,
-1L .JL
-1L .JL
-1L .JL
__x_,
.R
-1L .JL
-1L .JL
-1L .JL
-1L .JL
__x_,
-1L .JL
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Page 2
PRECONSTRUCTION ADMINISTRATI ON CHECKLIST
~ DE SC RIPTION OF TASK
16. Rights-of-Way ............................................. .
17 . Plans , Sp ec ifications and Construction Cost Estimates .............. .
18 . EEO/DBE Requirements ...................•.•.•...........•.•
19 . Adve:1ising Less Than Three Weeks ............................ .
20 . L/\ , \1J and Award ..............•...•....•.•.................
RESPONSIBLE PARTY
LOCAL
AGENCY
_x_
_x_
_x_
Q20I
...11....,_
...11....,_
21. Construction Administratio n . . . . . . . . . . . . .. . . . . . . .. . .. .. . .. . . . .. _x_
-1l. Final Checklist Date : _.,_12/2=-"7/'-"0.,_1_~
_ Revised Checklist Date: -----~
# Requ ires t::OOT review/concurrence/approval/invol vement.
• Req ui res FHWA concurrenc e/involvement.
04/29/96
CONSTRUCTION CONTRACT ADMI NIST RAT I ON CHECK LIST
Page l
CDOT Re gion : _______ 6 _____ _
Local Ag e ncy : __ E~"-5rl~t~w~•~·~~------
Proj ec t Code (SA#): Ii 14-S-
Pr o j ect No . : 1j 3 j S -o • £ •
CDOT Resident Engineer: R•., Bv.,K Locati on: \.J, E,1\,.,.i>I Ed,.,.,\ :b Lo,.,.e\\
Local Agency Project Manager : J>s , .I u ,~c!t,-.. .oescripti on ' s:~.i .. ,k ,...)., Q\A~ r .!
CDOT Design or Project Engineer : __ K ...... ~~,~:~A---.H~s~~~-------------
The following check l ist s hall be u tilized to establ i s h t h e CONSTRUCTION
CONTRACT ADMINISTRATION r~spon sibi l ities of the individual p a rties for thi s
p ro j ect. THE CHECK LIST SHALL BE INCORPORATED INTO THE ENTITY AGREEMENT AT
PROJECT INCEPTION.
THE CHECK LIST SHALL BE PREPARED BY PLACING AN X UNDER THE RE S PONSIBLE
AGENCY, OPPOSITE EACH OF THE TASKS LISTED BELOW . Whe n COOT is selec t ed t o
b e r esponsibl e o r co-responsibl e by option , t he me t hod of the Local
Agency 's rei mb ursement for COO T 'S c os t s mus t be es t ablished.
WHEN A TASK DOES NOT APPLY TO THE PROJECT, NON-APPLICABLE (NA) SHALL BE
PLACED UNDER BOTH AGENCIES, AND AN EXPLANATION OF WHY IT IS NOT
SHALL BE INCLUDED.
TAS KS WHICH WILL BE PERFORMED BY HEADQUARTERS STAFF WILL BE SO INDICATED ON
TH I S CHECK LIST .
THE REGION IN ACCORDANCE WITH ESTABLISHED POLICIES AND PROCEDURES, WHEN
APPLICABLE, SHALL DETERMINE WHO WI LL PERFORM ALL OTHER TASKS WHICH ARE THE
RESPONSIBILITY OF CDOT .
THE RESIDENT ENGINEER OR COOT DESIGNER SHALL IDENTIFY AND NOTIFY THE
APPROPRIATE STAKEHOLDE RS, AND THOS ~ ON THE MINIMUM DISTRIBUTION LIST BELOW,
OF FIELD INSPECTION REVIEWS (F .I .R.) AND FINAL OFF J CE REVIEWS (F .O.R.) FOR
ALL LOCAL AGENCY PROJECTS .
INSTRUCTIONS TO INITIATE THE CHECK LIST AND I F TH E CONTRA CT ADMINIS T RATION
RESPONSIBI LITIES HAVE CHANGED:
A preliminary check list s h a ll b e prepared by the COOT Resident Engi neer
(RE) wi h the DO T Design PM, in cooperation with t he LAPM , prior t o t he
F .I.R. and submi tt ed t o the Regiou Program Engineer (RPE) wit h the F .I.R .
notice. If Contract Admi ni strat ion r esponsibilities are c hanged after t h e
F.l.R., th~ COOT RE, i n coop erat ion with t he LAPM, shall prepare a revi sed
check li3t and distribu te copies . The COOT RE s h a l l p re pare the FINAL
check list pri o r to t he F .O.R . and submit copies to all persons receivin g
the F.O.R . no tice . The minimum distribution list is s hown below .
CU PY :
CDOT RE/PM
• CONTRACT ADMINISTRATION CHECK LIST
PAGE~
** RESPONSIBLE PARTY
LOCAL
NO, DESCRIPTION OF TASK AGENCY CDOT
1. Set Disadvantaged Business Enterprise (DBE )
goals for the project. (CDOT Region EEO
Administrative Program Specialist)
2 . Set On J ob Training (OJT) goals for the
project. (CDOT Region EEO Administrative
Progra m Specialist when CDOT is respons i ble.)
3. Assure the correct Federal Wage Decisions ,
all requ i red DBE/OJT Special Provisions a nd
the FHWA Form 1273 are included in the Contract
documents. (COOT RE or Designer)
This project is exempt from Davis-Bacon
requirements as determined by the functional
c lassification of the project location. (Note :
Projects located on local roads and rural minor
collectors may be exempt.)
CDOT RE or Designer
4. Advertise for bids/open bids. (COOT
Construction Contracts Unit , Staff
Date
Design Branch, when COOT is respo nsibl e.)
_.)_
5. Distribute "bid set" of p l ans and specifications X
to the person responsible for showing the
project . (CDOT Printing and Visual Communi c ations
Cente r , Division of Human Resources and
Admi nistration when COOT is responsibl e.)
6 . Review work site and plan det ails with L
prospect ive b i dders while pro ject is under
advertiseme nt . (CDOT Resident Engineer when
CDOT is responsible .)
••
NOTE: Only one responsible party should be selected. • If bo th are selected, a supplemental agreement
specifying what task details are the responsibility
of each party shall be attached to the Check List.
When CDOT is responsible or co -responsible by option,
the method of the Local Ag e n cy's reimbursement f o r
CDOT's c o sts must be established by an attached
Memorandum of Unders tanding (MOU).
X
)r
CONTRACT ADMINISTRATION CHECK LIST
PAGE 3
•• RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK
7. Determine compliance with DBE requirements
before the Co n tract is awarded:
a.
b.
C .
Check COOT Form #71 5 -Certificate of
Proposed DBE Part i cipation, when the l ow
bidder meets DBE goals . (C OOT Business
Programs Office , (303) 757-9234, Room 287,
Division of Human Resources and
Administration)
Evaluate COOT Form #718 -DBE Good Faith
Effort Docur.1en tat ion, a nd d etermin e if
the Contractor has made a g 0od f a ith effort
when the lo-. bidder does not meet DBE goals.
(COOT Business Programs Of fic e)
Approve/disapprove aw ,rd of Cont ract by
compl et ing COOT Fo rm #il9 -DEE Participation
Summary. THIS FORM MUST BE COMPLETED BEFORE
THE CO NTRACT I S AWARDED.
(C DOT Business Program~ f fice)
8 . App rove rejection of l ow bidde r .
9. Award Contract (COOT Construction Contracts
Unit, Staff Design Branch, when COOT is
responsible.)
AGENCY COOT
_!_
_!_
_!_
10. Distribute [number: minimum of si:c (6) I J_
••
"award sets"of plans and specificatio ns t o
COOT Resident Engineer.
(Further distribution will then be made to the
Re g i on Prog ram Engineer (RPE), COOT Staff
Conscruction & Materials (2 sets), the Regi on
Mat e rial s Eng i ne e r (RME), a nd others as required .
COOT Printing and Visual Co mm unications Center,
Division of Human Resou rces and Administrat ion
when CDOT is respon sible.)
NOTE: On ly one responsible party should be selected.
Refer t o page 2 for additional information.
•
•
•
CONTRACT ADMINISTRAT CHECK LIST • PAGE 4
•• RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASA AGENCY CDOT
11 . Issue "Notice to Proceed" to the Contractor.
(COOT Construction Contracts Unit, Staff
Design Branch, when CDOT is responsible.)
12. Conferences :
•
a. Prec o nstruction (Request Preconstruction
packet of information from Region EEO
Administrative Program Specialist prior
to the conference. COOT Resident Engineer
when CDOT is respon sible.)
b. Partnering
c. Presurvey:
( 1) Construction staking
(2) Monumentation
d . Structural concrete prepour
e. Concrete pavement prepa ving
f. HBP prepaving
13. Supervision of constructio n :
• ••
a . Professional Engineer (PE) registered
in Colorado, who will be "in responsible
charge of construction supervision" .
Local Agency PE or COOT RE/PE
If Consul tant, company:
.3ol -'!(t -U-o(;
Phone n umber
b. Dev~lop and distribute public notice of
planned construction to the medi a and
local residents .
NOTE: Onl y o ne respo nsible party should be selected .
Refer t o page 2 for additional information.
....x_
)t
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CONTRACT ADMINISTRATION CHECK LIST
PAGE 5
** RESPONSIB '.,B PARTY
LOCAL
NO. DESCRIPTION OP TASK AGENCY CDOT
**
c. Competent, experienced, staff who will . . . .J{_
ensure the r.ontract work is constructed
in accordam:e with COOT policies, standards
and procedures.
(Refer to the COOT Procedural Directives and
the following COOT Oper ting Manuals for guidance
and assistance -CD01' Local Agency Federal Aid
Construction Manual, COOT C~nstruction Manual, COOT
Field Materials Manual, COOT Survey Manual, COOT
Standard Plans, COOT Erosion Control Manual, COOT
Davis-Bacon Manual, COOT EEO/Labor Compliance Manual)
( 1) COOT Form #205 -Sublet Permit Application:
(a) Check COOT Form #713 -Contractor
DBE Subcontract, Supply and Service
Contract Statement. Sign Form #205
if F~= #713 is complete . (COOT
Region EEO Administrative Program
Specialist)
(b) Check and sign approval of Form #205 .
after Form #713 has been checked by
the Region EEO Administrative Program
Specialist.
( 2) Construction inspection including
calculations, measurements, and
documentation of interim and final
pay quantities.
( 3) Conduct Contractor/Subcontra ctors
reviews to ensure conformance with
the Equal Employment Opportunity(EEO)
/Aff:rmative Action(AA)/DBE/OJT
,; "4'l irements contained in the Contract.
(Standard Special Provisions, Project
Spee i 1 Provisions and FHWA Form 1273)
(COOT Region EEO Admini s trative
Prog ram Specialist)
NOTE: Only one responsible party should be selected.
Refer to page 2 for additional information .
_!_
•
• CONTRACT ADMINISTRATI ON CHECK LI~T
PAGE 6
•• RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK AGENCY CDOT
•
••
( 4) Notif y CDOT Region EE O Administra tiv e
Pr ogr a m Specialist and r e que st
assistance for all EEO/DBE/OJT/
Da v i s-Baco n questio ns or conce rns .
L
( 5 ) Complete a .d subm i t to the COOT Region ~
EEO Administrative Progran, Specialist,
the r equ ired number of CDOT Form #~80 •
Equal Em p loyme nt Opportunity and Labor
Compliance Ve i ification.
( 6) Monito r DBE p n rt i cipat ion t o ensure
compliance wi th the "Commercially
Useful Function" requireme nts .
( 7) Compl e t e and submit t o the COOT Region
EE O Administrative program Specialist,
the applicable number COOT Form #200 -
OJT Training Questionnaire, when project
utilize s OJTs .
X
( 8) Che c k certified pay rolls to veri f y . . X
Contractor/subcontracto rs a r e in
compliance with Contract requirements.
The checking shall be c o mpleted by
project personnel trained in payroll
checking . (Contact the Re gion EEO
Administrative Program Specialist f•)C
tra ining requirem,mts.)
( 9) Coordinate submittal s by Co ntractc r ..x._
and all subcontractors o f FHWA For, .. J:1 °1
(H i ~hwa y Construction Contra cto r's Annual
EEO Repo rt) to the CDOT Region EEO
Administrat i ve Progr.am Specialist . The
Rerort is due to the Region EE O
Aciministrative Prc,gram Specialis t by
August 10 for all constructio n pro jects
Ac tive dur ing thr, last complete we e k of July .
NOTE : Only one r esponsible party sho uld be s elected .
Refe r t o page 2 for additio nal i nfo rma t i o n .
••
CONTRACT ADMINISTRATION CHF :K LI ST
PAGE 7
** RESPONSIBLE PARTY
LOCAL
DESCRIPT I ON OF Tl'.SK
(10) Materials :
AGENCY CDOT
(a) COOT Form #250 -
Materials Documentation Record :
I) Fill out and distribute COOT _.!_
Form #250 before the Contra=tor
commences work .
II) Complete Ferm #250 after work _.!_
i ~ completed and distribute per
instruct:ions i n. the COOT Field
Materials Ma nual.
(b) Approve changes t o typical sect ion ..
(c) Development, Checking, and Design mix
approvals :
I) Concrete
II) HQt Bituminous Pavement (HBP) .
....x...
(d) Acceptance of manufactured products . _¼
(e ) Inspecting fabrication of •3tructural _¼
steei and prestressed concrete
structural components.
(f) Inspecting fabrication of bearing
devices.
(g) Laboratory Check testing
(h) Acceptance testing
(i) Indepcm.:ent assu rance testu1g . X
(The LA shall u~ AASHTO accredited
laboratories . The IAT lab shall not be
the same lab as the acceptarce lab .
The LA shall develop, con~lete, and
distribute the COOT Form #379 -Projec t
Independent Assura nc e Sampling Schedule.)
_l_
NOTB: Only one responr,ible party should be selected .
Refer to page 2 for additional information .
•
•
• CONTRACT ADMINISTRATION CHECK LIST
PAGE 8
•• RESPONSIBLE PARTY
LOC~
NO. DESCRIPTION OF TASK AGENCY '-'DOT
•
• ••
(ll) Approve source s c f materi als
( 1 2) Approve shop drawings
(13) Perform Traffic Control Inspe c tion s
(14) Approve traffic signal equipment
(15) Constructio n survc~:·.ing
(16) ROW monumen t at ion
...L
l(
_x_
..x..
(17) Prepare, approve and sign v ouchers -1s.__
for interim and final Contractor
pay estimates . (COOT Resident Engineer and
Re gio n Finals Engineer if COOT i s responsible .)
Provide the name(s) and phone numb er(s) of
The person(s) authorized for th is task.
LA Administrator
J0 J-"!Ci -zr•(
Phone Number
LAPE Phone Number
(18) Prepare, approve and sign vouchers
for interim and final Utility
Company billings f or utility
relocation work.
(19) Pre pare and authorize Change Orders :
i.e. COOT Form #94 -Minor Contract
Revision (MCR) and COOT Form #90 -
Contract Modification Order (CM O)
(20) Approve Change Orders (MCRs and CMOs)
(21) Appro ve Federal-Aid funding for MCRs/CMOs .
(22 ) Monitor project financial scatus and ..
submit monthly in a format acceptable
to the Region , such as COOT Form #65a -
Project Financial Status Report .
X
-X-
NOTE: On l y one respo nsible party should be selec ted.
Refer t o page 2 for additional i nformation .
CONTRACT ADMINISTRATION CHECK LIST
PAGE 9
•• RESPONSIBLE PARTY
LOCAL
NO . DESCRIPTION OF TASK
(23) Prepare and submi t monthly prog res s
reports to the Re gion Finals Engineer :
COOT Form #llOa -Status o f Active
Construction Projects, and COOT Form
#517a -Status of Construction Project
Finals . Due by the l e.t of each mo nth.
(24) Co n tractor claims/dispute resolution
Local Agency must fo llow COOT
procedures unles s Section 105.17 of
the Standard Specificatio ns i s modified
by a Project Special Provision. ALL
contracts let for bid by the Local Agency
shall contain a project special provision
removing CDOT from the resolution p r ocess.
14 . Make monthly progress and fina l payment s
to the Co ntractor for completed work. (CDOT
Center for Ac counting, Di vis ion of Human
Resources and Administratio n when COOT is
respons ible . )
AGENCY CDOT
X
...ll..
15 . Make monthly progress and fi nal payments t o . . ..::t..._
Ut ility Companies for completed utility
reloca tion work. (CT-OT Center for Accounting ,
Division of Puman Reso urces and Administrativn
when COOT is resp~.nsible . )
1 6. Conduct r o utin~. r andom, pro ject reviews _L_
••
to ensure the project is being administered
in accordance with the terms of the con struction
Contract and the approved project specific
agreement between COOT and the l ocal agency.
Provide the name and phone numb er of the person
responsibl e fo r this task .
Name of LA or COOT RE/PE Phone Number
NOTE: Only one responsible party should be selected .
Refer t o page 2 for additional information .
•
•
•
• CONTRACT ADMINISTRATI ON CHE CK LIST
PAGE 1 0
** RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK AGENCY COOT
17 . J o int FHWA /COOT Qua l ity Ass ura nce (QA) Review
Teams will conduct sele ct program r eviews in
ac cordance with COOT's Stewardship Plan .
(COOT Staff Construct ion & Mat e rials)
18 . Co:iduct final projec t inspection, c o mplete and
submit C)OT Form #11212a -Final Acceptance
Rep o rt. COOT Resident Engineer with mandatory
LA participation.
19. Final project a c cei;;::ance , writ e fi nal projec t
acc e ptance l etter a nd distribuLe per
proc edures i n the COOT Constructio n Manu al .
20 . Advertise f o r fi nal settlement. (C OOT Staff
Construction wh e n COOT is responsibl e .)
•· Prepare and dis tribute final "as constructed"
plans per procedures in the Construction Manual .
Retain o riginal cross sec t i ons with final doc ument s.
.L
...L
~2 . Che ck final quantities , f inal plans and the . . . . X
final pay estimate .
?.3 . Sign final p a y estimate sheets and voucher. ..1_
24. Check material records.
25 . Submit final materials cert ification.
26. Obtain COOT Form #17 -Contracto r DBE Payment
Cert ificat ion, from the Contractor and submit
t o Region Progra m/Finals Engineer .
27. Obtain FHWA Form PR 47 (Statement of Materials
and Labor Used ... ) from the Contractor, check
and submit to Region Program/Finals Engineer .
(REQUIRED ONLY ON NHS PROJECTS WITH TOTAL
FINAL PAYMENT EXCEED~NG $1,000,000.)
Complete and submit COOT Form #1950 -
Prr,jec t Closure .
29 . Re ta in pro j ect re cor1s. (For six years
from date of pro ject closure .-)-
**
NOTE: On ly o ne respo nsible party sho uld be selected.
X
__!_
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X
FHWA-1 273 EIK117e\~ -t.wcn 10. 199'
FHWA Form 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. Genera l ...................... ..
II . Nondiscrimination ............... , ................................. .
Ill, NoosegreoaIed FaciUties ...................................... .
IV. Paymen l of Predetermined Minimum Wage .......... .
V. Statements arld Pa yrolls ... . ....... , ............... .
VI. Record of Materials. Supplies. and Labo< ............ ..
VII . Suble ltlng or Assigning lhe Conlr3cl , .................... .
VIII . Safety: Accident Preve ntion ................................. .
IX. Fa lse Statements Concerning Highway Projects .. ..
X. lm plementaUon of C1ez n Air Act and Federal
Waler Pollution Control Acl ............ ..
XI. Cartiflcation Regard lnu Debarmenl, Suspension,
tnellg1 bility, and Voluntary Exclusion ......... ,
Xll . Certification Regarding Use of Contract Fund s for
l obbying .......... , ............... , ......... , ........................... , ..
ATTACHMENTS
A. Employment Pro ference for Appa lachlan
Contracts
(Included In Appalachlan contracts only)
I. GENERAi.
1. These conlract provisions shall apply lO all WOt1(
performed on ttle contract by ttle contractor's own organ ization
and with the ass is tance of wori<ers under the con1rnctor's
Immediate superintendence an d to an WOt1t performed on lhe
contra ct by pleceworit , station 'NOii(, or by subcontract.
2. Excepl .:s otherwise provided for In each section. lhe
contractor shall Insert In each subcontract .:ill of the stipulations
conta ined ln th ese Required Contract Provis ions, anrt further
requ ire the ir ind us lon In an y lower tie r subcontract or purchase
Ofder that may in tum be made. The Required Cootract Provi-
sions shall not be Incorporated by reference In any case . The
prime contractor shall be responsible for compUance by any
subcontractor or lower tier subcontractor with the se Required
Contract Provi sions .
3. A brear•
Required Co,
term ination of
' 1ny of ltle stipulations conta ined In lhese
revisions sha ll be sufficient grounds for
tra ct
4. A breach of the followi ng dauses of the Required
Contract Provisions may also be grounds for debarment as
provided in 29 CFR 5. 12:
Section I. paragranh 2:
Section IV, para giaphs 1. 2. 3. 4. and 7:
Se ction V. paragraphs 1 and 2a lhrough 2g .
5. Oispules aris ing out of the labor standards provisions of
Section IV (except para gra p~ 5) and Section V of these
Req uired Conlracl Pr :vislons shatl not be subject to the
Qeneral dlspules clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the U.S.
Department of Labo< (COL) as se t forth in 29 CFR 5. 6. and 7.
Disputes within !he meaning of this d ause lndude dispute,
between the con tractor (or any of Its subcon lr.Jclors) and !he
contracti n, agency. the DOL . or the contractor's employees or
the ir repres ,:ntatives,
6. Selectlon of Labor: During the performance of this ooo-
tra ct. the contractor shall not
a, discriminate agalnsl labor from cry other State.
possession. or temto,y of the United Sta.ies (except for
employment preference for Appalachia n c::r,tracts, wh en
appllcable, as specified in Attachment A). or
b. employ COflvicl Iabor fOf' any purpose ..tthin the limits
of the project unless II ls labor performed by e:mvicts who are
on parole , supervis ed release. or probation.
II . NONDIS CRIMINATION
(Applicable to all Federal-aid construction :::mtracts and to
all related subconlracts of $10.000 or more .I
1. Equal Employment Oppor1 unlty: E~I employmenl
opportunity (EEO) requirements not to dlscnrr.1r.ate and to take
affirmative action to assure equal opportunity .:! seI fOfth under
laws. executive orders. rules . reou tatlons (28 ~ 35, 29 CFR
1630 and 41 CFR 60) and orders of the SecrKary of Labor as
mod ified by the provisions prescribed hen.•r _ and Imposed
pursuant to 23 U.S.C. 140 shall constitute tne EEO and
specific affirrnJtlve actior, standards for ttle c:cnractor's pro/e el
activities unt'er thi s conlJ'act. The Eo..al Opportunity
Construclion C.:>nlract Specifications set fonr. under 41 CFR
~.3 and the provisions of the American Cisat>ilities Act of
1990 (42 u.s.c. 12101 JU~.) SCI forth ullCler 2S CFR 35 and
29 CFR 1630 are Incorporated bv reference in rus contract. In
the execution of th is contract. the contractOI' oQ"'ee5 to oomply
wilh the following 1dnlmum specific requlrerre:it activities of
EEO:
a. The •;O nlnctor will wont with ttie State highway
agency '&:·V'·,1 anr! the Federal Government in carrying out
EEO obh .,ation~ and In the ir re vie w of his/her activities under
the contrat.'.
b. The -:ontracIor will accep l as his operating policy the
following staler,,ent.
·11 Is th e policy of this Company to ass ure t"at applicants
are employed. 'ind that employees are l""5ated during
employment. wit/lout regard lo the ir race . ll!Ugion. sex.
color, national origin. age or disablllty. SUt...""'1 action shall
Include: employment. upgrading. demodcn. or transfer.
recrui tment or recruitment advertislnc;:. layoff or
term ination: tales ol pay or other forms of :::::,mpensation:
and selection for tra ining, Including .corenti c:eshlp.
preapprenllceshlp. and/or on-the-Job tra lni nc;. •
2. EEO Officer: The contractor will desg,ala and make
known to the SHA contracting officers an EEC Officer who will
ha ve lh e responsibility for and must be capac11e of effectively
adm inis lering and promoting an aclive contr..cmr program of
EEO and who must be assigned adequa l!! authority and
responsl blllly lo do so.
3. Disseminatio n of Polley: All me-nt>ers of the
contractor's s ff who ant authorized to lln!I. supervise.
J)(omote. and d scharge empk)yees , or who ~mend such
action . or who are substantially involved In St.'C"I adion. will be
made fully cogn,,ant of. and will Implement. ht contractor's
EEO pol icy and contrac!U al respons ibilities tc ::rowle EEO in
each grade and dassiftcatlon of employmenl To ensure that
the above agreement will be met. the foltowirn; actions .• ;11 be
taken as a minimum;
REQUIRED BY!.: JR 6Jj 1 ~1 -
•
•
•
•
•
•
a Perioo1c me etings of supervi sory and personnel office
employees wi ll be conducted before the stan of work arid then
not less of1 .Jn tha n once every six mooths , at wh ich time the
contractor's EE O po{lcy and Us Im plementation will be
reviewed ane1 e11:plalned . The me elings will be conducted by
the EE O Otf1cer.
b. All new supervisory or personnel office employees will
be given a thorough lndoctnn alion by the EEC Office r,
covering al. ma jor aspecu of the contra cto(s EE·:> obligations
with in lhlrty da ys follow,ng lhetr reporting fOf duty with the
contra ctor .
c. All pers onnel who are engaged in direct recn..utment
lor the project will be lnslr\Jcted by the EEO OHicer In the
contractor's procedures for localing and hiring minority group
employee s.
d. Notices and poslers setting forth the contractors EEO
pol icy will be pla ced In areas read ily acce ssible to employees,
applicants for employmen t and potential employees .
e. The contractor's EEO policy and the procedures to
lmplament such policy will be broughl to lhe anentlon of
employees by means of meetings , employee handbooks. or
olher appropriate means.
4. Recruitment: Wht:n advertising for employees. the
contrac1or will lndude In all advertisemenlS for employees the
l'IOtatlon · "An Equal Opportunity Employer: All such
advertisements w,11 be placed In publications having a large
drculalion among mlnon1y groups In the area from which the
pro/ect wont force would normally be derived.
a. The contractor will. unless preduded by a valld
bargaining agr eement. conduct systematic and direct
recru itment through publlc and private employee referral
sources likely to yield qualified minority group appllcants. To
meel lhls requirement, the ccntractor will identity sources of
potenllat minority group empioy1>;-"i , ;;nd establlsh with suet,
ldentlnod sources procedures vhereby minority group
appUcan Ls may be referred to thP I ontractor for em ployment
cons ideration.
b. In the event the contract, r has a valid barga ining
agreemenl provid ing for exduslve r Iring hall referrals . he Is
exp.acted to observe the provisions of !hat agreement to the
exten1 thal the system permits lhe cc ntractor's .»"Tipllance with
EEO contract provisions . (The 0'.)l ha s held that where
Implementa tion of suet, ugreeme. its have the effect of
disaiminating against minorities or women , or obligates the
contractor to do !he same. such Implementation violatAs
Executive Order 11 246, as amended.)
c. The contra ctor will encourage his present employees
to refer minotity group appllcants for emplcyment. Information
and procecures with regard lo referring m1r :xity group
applicants will be dlscusseo with emcloyees.
5. Personnel Act ,ons: Wages , wonting condlUons, and
employee benefits st all be established and administered, and
personnel actions of eve1y typo , lnduding hiring, upgrading,
promotion, transfer, c,emotlon , layoff, and termination, shall be
ta ke n without regard to race . color, religion , sex, national
origin, a,I! or dlsabfllty. The following procedures shall be
folio-wed :
a. The contractor will conduct period ic inspections of
proj«t sites lo Insure !hat working conditions and employee
facilities do not Indicate discrimlnatay treatment of project sile
personnel .
b. The contractor will penodicalty eva luate the spread of
wag es paid with in each dassiflcation to determine any
evidence of dlsaim1na1ory wage pra ctices .
c. The contra ctor will penodlcally re vie w selected
personnel actions In decth to determine whether there ls
evidence ol dlscriminalion. Where evidence ls lound, !he
contractor will promptly take :om1ctlve action. If the review
lndlcales that the discrimination may extend beyond the
actions revi ewed, such corrective action shall lndude all
affect~ persons.
d. The con1tactor will promptly ln"esligate all complaints (11
alleged discrimination made to the contractor In connectlo.1
with hi s obll gatlons under th is contract, wilt anempl to re solve
such complalnls, and will take appropriate coirectfve action
within a. reasonable tim e. If the Investigation Indicates that th e
di~ ~rim lnalion may affect persons other than the complatnont,
sucn corrective action shall lncluC'e such other persons. Upon
complellon vf each Investigation, the contractor will Inform
every c:omp falnant ol all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating , qualifying, and
Increasing !tie skills of minority group and 1N0men employees.
and appli cants tor emp loyment.
b. Consistent 'Nith the contractor's worl( force
requirements and as permissible under Federal and State
regu1allons. the contractor shall make full use of tra ining
programs , I.e.. apprenticeship, and on-the-Job tra ining
programs for the geographical area ol ccntract parlomiance.
Where feas fble , 25 percent of apprentices or tra inees in each
occupation shall be in their firs! year cl apprenticeship or
training. In lhe event 3 special provision lor tra ining Is provided
under th is contract, th is subparagraph will be supersef1ed as
lndlcater! In the special provi sion .
.:. The contractor will advise employees and applicants
for employment of avaflable train ing programs and entrance
requirements lor each,
d. The contractor will periodlcally re vi ew the training and
promotion potentlal of mrn,irlty group and women employees
and will encourage eli11ible e,nployees to apply for such training
and promotion.
7. Unions: If the contractor reli es In v.tiole or in par1 upon
unions as a source of ""mptoyees, the contractor will use
his/her best efforts to obtain the cooperation of suet, unions to
Increase opp0f1unltles for minori\y groups and women within
the unions, and to effect referrals by such unions of minority
and female employees. Actions by lhe contractor ellher
dlrecdy or lhrough a contractor's association acting as agent
will lndude lhe procedures set forth beluw:
a. The contractor will use best efforts lo develop, In
cooperation with the unions , joint training programs aimed
toward qualifying more minority group members and 'NOITlen
for membership in the unions and Increasing the skllls of
minority group employees and women so lhat they may quality
for higher paying employment.
b. The c:ontractor will use best efforts to lncorporale an
EEO dause Into each union agreement lo th,-end th at such
union 'Nill be contractually bound to refer r t-1llcants without
regard to their race. color, religion , sex. na' nat origin, age or
dlsablllty.
c. The contractor is to obtain Information as to the
referral practices and policies of lhe labor union exc.ept that t.:,
the extenl such information is within the exdusive possession
of !he labor union and such labor union refuses lo furnish such
Information to the contractor, the contractor shall so certify to
the SHA ar.d shall set forth wnat efforts have been made lo
obtain such Information .
REQU IRED BY 23 CFR 633 .102 -
d. ln the event UM union ls unable to provide lhe
contraclor with a reasonable flow ol mlnorily and women
ref en als within the llme llmll set forth In lhe c.olleclfve
bargaining agreement, the contraCIO( will. through Independent
recruitmenI efforts. nn the employment vacancies withOJI
regard to race , color, religion, sex. naUonJI origin, age Of
dlsablUly; making full efforts to obtain quallfled and/Of
quatlfiablo mlnonty group persons and women. (The OOL has
held that II shall be no excuse that the union wHh which the
contr aclor has a colleclive bargaining agreement providing for
exduslve referral failed to refer mlnonty employees.) In the
event the union referral pracllce prevents the contractor from
meellng ths oblfgations pursuant to Execut!ve Orae, 11246. as
amended, and these special provisions, such conlractor shall
Immediately notify the SHA .
8. Selecllon of Subcontractors, Procurem ent of
Materials an d Leasing of Equi pment : The contractor shall
nol dlscrimlnale on the grounds of race , colcr, re ligion, sex,
natlonal origin, age or dlsabltlty In lhe selection and retenllon of
subcontractors . lndudlng procurement of materials and leases
of equipment
a. The contractor shall notify all polential subcontractOl'3
and suppliers ol hiS/her EEO obligations under th is contract.
b. Oisadvanlaged business enterprises (DBE), as
defined In 49 CFR 23, shalt have equal opportunity lo compete
for and perfonn subcontracts which the contractor enters In to
pursuant lo this contract The contractor will use his best
efforts to solicit bids from ond to utilize DBE subcontraelors or
subcontractors with me:mingfut minorily group and female
representation among their employees. Contractors shan
obtain llsts of DBE construction firms from SHA personnol.
c. Tho contractor will use his best efforts to ensure
subcontractor compliance with their EEO obl~)ations.
9. Records and Reports : The contractor shall keep such
records as necessary to document compllance with the EEO
requirements. Such records shall be retained for a period ol
three years following completion of aie contracl work and shall
be avallable al reasonable times and places for Inspection by
authorized representatives of the SHA and the FHWA.
a. The records kepi by the oontractor shall document
the following:
( 1) The number of minorily an.1 non-minority group
members and women employed in each work dasslflcation on
the pro/eel .
(2) The progress and efforts being made In
cooperation with unions, when applicable. to Increase
employment opportunities for minorities and women:
(3) The progress and efforts being made In locating,
hiring, training, qualifying. and upgrading minorily and female
employees; and
(4) The progress and efforts be ing made In securing
the services of DBE subcontraelo1'3 or subcontractors with
meaningful minority and female representation among their
employees .
b. The contractors w,11 subnit an annual report to the
SHA each July lor the duration of the projeel. indicating the
number of minority, women. and non-minority group
employees o.irrently engaged In each work dassificatlon
required by the contrad work . This Information Is to be
reported on Fam, FHWA-1391 . Ir on-the job training Is being
required by special provision, the tX>ntractor wtll be required to
collect and report training dala .
111. NONSEG REGATE D FACILlllES
(Appllcable to all Federal-aid construction c::::rctracts ant.' to
all related subcontracts of $10,000 or more.)
a. By submission of this bid . lhe e:e-..Jtion of thl!-
conlract or subcontract, or th& consummrnacn =' this material
supply agreement or purchase order, .\S a:::i;,fOprfate , the
bidder, Federal-aid construction contr.u:a. subcontraclor,
malerial supplier, or vendor, as appropria1a . cenifles tha t the
firm does not maintain 01 provide for its amployees any
segregated lacilitles at any of Its establishrr.en::s. and Iha! the
firm does not permit Its employees to perform t,elr services at
any location , under Its conltol, where Segat;a39'j facilities are
maintained . The firm agreos that a breach r:J nls certlllcatlon
Is a violation of the EEO provisions of this c::riract. The llrm
further certifies that no employee will be oenied access to
adequate facllitles on the basis of sex or disaoicy.
b. A!. use1 In this certification. the l!!rm ·se-:Jregaled
facilities• means any waiting rooms, work are3S. restrooms and
washrooms. restaurants and olher eating areas. tirnedodts,
locker rooms, and olher storage or dressn;: an,35_ parking
lots, drinking founta ins , recreation or entl!r"'3inment area s,
transportation, amJ housing facilities prnvicec tor employees
which are segregated by expllot dlrectt,,,e. c, are, In fact.
segr&gated on the basis of race . color. reti\;k:n. national origin,
age or dls ablltty, because of habit. local 0.JS:O"""I . or otherwise.
The only exception will be lor the dlsabled ...-e-i the demands
for acc.ess lbi11ty override (e .g. dlsabHJ<I pa~~
c. The contractor agrees thal It has obtar""e: or will obtain
Identical certification from proposed subc:ontr..c:::::n or material
suppliers prior to award of subcontracts Cl' c:::nsummadon of
material supply agreements of S10 ,000 or~ and that It w:il
reta in such certifications In ilS Illes .
IV . PAYMENT OF PREDETERM INED MINllll.'lill WAGE
(Applicabie to all Fltderal-aid o:,ns::,.x::r.t"I contracts
exceeding $2.000 and to an related subco"'lr.lc:.s. except for
projects located on roadways dassUied as kca.' roads or rural
minor collectors, which are exempL)
l . General :
a. All mechanic., and laborers ~ or wortc.lng
upon the site of the work will be paid unc:n::mionalty and not
less often than once a week an~ wi thout su::se:x..ient deduction
or rebate on any account (except such pa','f01 oeductions as
are permitted by regutatiol"'.:1 (29 CFR 3) issued by the
Secretary of Labor under ttuJ Copeland Ac: (~ U.S.C. 276c)]
lhe full amounts of wages and bona fide n,ge beneffts (or
cash equivalents thereof) due at time d ::iayrnenl The
payment shall be computed at wage rates rec es.s than those
contained in the wage determination of O'le Secamry of Labor
(her~inafter ·the wage determlnaoon·1 whims anached hereto
and made a part hereof, teQardles.s ol any contractual
relationship which may be alleged to eJS between the
contraelo< or its subcontractors and ~ labc>rer.l and
mechanics. The wage determ ination (ln dudn; any additional
dass!flcations and wage rates conformed un::er ;:,aragraph 2 of
this Section IV and !he COL PoSler (WH-~32.,\ or Form
FHWA-1495) shall be posted at all times by t,e contractor and
Its subcontractors at the sile of the work in ; ::romlnent and
accesslble place where it can be easily seer, ':rJ the WOl1c.ers .
For the purpose of th is Section. contributicns :nade or costs
reasonably anllcipated for bona fide frin,;e :ienefits under
Section 1(b)(2) of the Davis-Bacon Ad (40 U.S.C. 276a) on
behalf of laborers or mechanics are oon.sicen,c wages paid 10
auch laborer, or mechanics, subject to nit provisk)ns of
Section IV, paragraph 3b. hereof. Also, for 118 :upose of this
Sectioo , regular contributions made or costs n:::.an.i for more
than a weekly period (but not less often than CUlrtttfty) under
plans, ,\mds . or progr-dms , which cover the :::;.njo,Jlar weekly
period .• ,re deemed to be oonstructfvety n-aoe or Incurred
REQ UIRED BY :.:= CT'R 6JJ .102 -
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during such weekly period . Such laborers and mechania shall
be paid the appropriate wage rate and fringe benefits on the
wage detenninatlon for lhe dasslllcalion of work actually
performed. without regard lo sklll, excepl as provided In
• pa ragraphs 4 and 5 of tnls Section IV.
b. Laborers or mechanics performing work ln more than
one dasslflcatlon may be compensa1ed at the ra le specified for
each dasslflcaUon for the time actually worked therein ,
provided . that the employer's payroll records accurately set
forth the lime spent In each dasslficalion In which work Is
performed,
c. All ruli ngs and Interpreta tions of the Davis-Bacon Act
and related acts contained In 29 CFR 1, 3, and 5 are herein
Incorporated by referonce In th is oontract.
2. Clanlncatlon:
a. The SHA contrJctlng officer st;all require thol any
dass ol laborers or mechanics employed under lhe contract.
which Is not listed In the wage detennlna Uon , shall be
cla ssified In con formance 'Mlh the wage determination.
b. The cootractlng officer shall approve c,n additional
ciasslncation , wage rate and fringe benefits only when the
IOl lowing criteria have been met
( 1) the wor'II to be performed by the additional
dasslf!catlon requested Is not perfOfflled by a d asslflcatlon In
the wage determination:
(2) the additional dassincatfon Is utilized In the area
by the construction Industry:
(3) the proposed wage rate , lndudlng any bona fkfe
fringe benefits. bears a reasonable relationship lo the wage
• rates conlained In the wage determination: and
(4) with respect to helpers, when such a
classlflcatlon prevails In the area In wtllch the wor1( Is
perfomied.
c. 1f tho contractor or subcontractors, as appropriate, the
laborers and med'\anlc.s (ff known) to be employed !n the
additional dasaiflcadon or their representitives, and the
o:>ntracting officer agree on the dassification and wage rate
(lnduding the amounl designaled for fringe benefits wnere
appropriate), a report ol the action taken shall be sent by the
contracting officer 10 the DOI Administrator of the Wage and
Hour :1tvlsion, Employment Standards Administration,
Washington, P.C. 20210. The Wage and Hour Admlnlstralor,
Of an author, :ed representative, 'Nill approve, modify, or
disapprove every addltlonat dasslficadon action within 30 days
of receipt and so advise the oontracti ng officer or 'Nill nottfy the
contracting officer within the 30~ay period that additional time
Is nec.essary.
d. In the event the contractor or subcontractors. as
,ipproprtat~. the laborers or mechanics 10 be employed in the
addlUonal dassiflcalion or their re presentatives, and the
contractino officer do not agree on the praposed dasslflcatton
and wage "ale (lnduding the amount designated for fringe
benefits. where appropriate), the contra.::ting officer shall refer
the questions , lnduding the vt,-ws of all interested parties and
the recommendation of the contracting officer. to the Wage
and Hour Administrator !or determination. Said Administrator,
or an authorized representative. will Issue a detennlnation
within 30 days of receipt and so advtse the contracting officer
or will notify the contracting officer within the 30-day period that
• additional time ls necessary
e. The wage rate (induding fringe benefits 'Nhere
appropriate) determined pursuan1 to paragraph 2c or 2d of th is
Section IV shall be paid to all workers performing wor1c In the
addiLonal d asslflcaUon from th e first day on wnlch wor1c Is
performed In the dassUication.
3. Payme nt of Fri nge Benem1:
a. Whenever the minimum wage ra te prescribed In the
contract for a class of laborers or mechanics lnciudes a fringe
benefil which Is not ex pressed as an hourly rale , the contractor
or subcontractors, as appropria te , shall either cay lhe benefit
as stated 1n !tie wage determination or shall pa y another bona
fide fringe benefit or an hourly case equivalent thereof.
b. If th e contractor or subcontractor. as approprlale,
does not make paymenl!o to a trustee or other third person.
he /she may consider as a part of the wage s of any laborer or
mec:ttan lc the amount of any co:. reosona bly anticipated in
providing bona fide fringe benefits under a plan or pn,1ram,
provided, thal the Secretary of Labor has found, upan the
written request of the contractor, Iha! the applicable standards
of the Da vis-Bacon Act have been met. The Secretary of
Labor may ~uire the contractor to set as lc..e in a separate
accounl assets for the meeting of obligation s under the plan or
program.
4. Apprentices and Trainees (Program, of the U.S. DOL)
and Helpers:
a. Apprentice s:
(1) Appren tices whl be permitted to WOO( at 1115,5 than
the pred etermined rate for the wor1c they performed when !hey
are employed pursuant to and lndlvidually registered In a bona
fklo Jppre ntlceshlp pl'\J\,1":\m registered with the DOL. Employ•
ment and Training Admlr.l stration, Bureau of Apprenlfceshtp
and Training, or 'Nith a State apprenticeship agency recognized
by the Bureau. or if a person Is employed in his/her firs! 90
days of probationary cmploymenl as an apprentice In sueh an
apprenticeship program, who Is not Individually registered In
the program . bul who has been certified by the Bureau of
Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probation ary employment
as an apprentice.
(2) The allowable ratio of apprentices lo
)oumeyman-l evel employees on the }ob site in any aaft
dassiflcation shall not be greater than the ratio permitted to the
contractor as to the enti re wor1c force under the registered
program. Any employee !Isled on a payroll at an apprentice
wage rate , whO Is not registered or otherwise employed as
stated above . shall be paid not less than the applicable wage
rate listed In lhe wa ge determination for lhe dassiflcadon of
wort( actually performed. In addition, any apprendce
perfomlfng work on the job site In exce~s of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the Hage determination for the work
act\Jally perfonned. Where a contractor or subc:ontrac:tor la
performing construction on a pro/ect in a locality other than that
In which Its program Is registered. the ratios and wage rates
(expressed In percentages of ltle Journeyman-level hourfy rate)
specified In tho (X)lltractol",; or subcontractor's registered
program sha ll be obseNed.
(3) Every apprentice must be paid at nol less lhan
lhe rate speofied in the registered program for the aPQrentlce 's
level of progress. expressed as a percentage of the
)oumeyman-levet hourly rale specified In th11 apcil cable wage
determination. Apprenlfces shall be paid fringe benefits in
accordance with th e provisions of the apprenticeship program .
If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the Ml amount of fringe benefits
listed on the wage determ,·~lion for tt-e applk:abfe
dassificallon. If the Administrator for the Wage and Hour
Division detemilnes that a different pracllc:e prevails for lhe
applic.able apprentice ciassiflcation. fringes shall be paki In
accordance with Iha! detennlnation ,
REQUIRED BY 2l CFR 633 .102 -
(4) In the even! the Bureau ol Apprenticeship and
Training , Of a Stale apprenticeship agency recognized by the
Bureau , withdraws approval of an apprenticeship program, the
contraclor Of subconlraclor will no longer be permflted to utilize
app,enllces al less lhan the app licable predetermined rale tor
!he comparable work performed by regt•lar employees until an
acceptable program Is approved .
b. Trainees:
11) Except as provided In 29 CFR 5.16. tminees will
not be permitted lo work a1 les:i; than the predetermir.ed rato for
!he WOfk performed unless lh ey are employed purs uant to and
lnd !vidually registered In a program which has rece ived prior
approval, evidenced by form al certllicaUon by the DOL.
Employment and Training Ad ministration ,
{2) The ratio ol trainees to }oumeyman-level
employees on lhe }ob slle Shall nol be greater than permitted
under the plan approved by the Emp loyment and Training
Administration . Any employee listed on the pa yroll at a tra inee
rate who Is not re gistered and participating In a training plan
approved by the Employment and Tra ining Administration shall
be paid no! less lhan the applicable wage ra te on th e wage
determination lor lhe dassinca1lon of work actually performed.
In addition , an y tra inee performing work on the }ob site In
excess of the rallo pemil!1 ed under the reg lsterecl program
shall be pa id not less lhan th e applicable wage rate on the
wage determination lor the work actually performed .
(3) Every tra inee must be paid at not less than the
rate specified in lhe approved program for his.Jh er leve l ol
progress, expressed as a peretsntage of the journeyman-level
hour1y rate speofied in the appliQble wage determlnaUon.
Tra inees shall be paid fringe beneli•i in accordance with the
provisions of the lralnee program. If the trainee program does
not mention fringe benefits. tra inees shall be paid the full
amount of fringe benefits !Isled on tho wage detemilnation
unless the Administrator ol the Wage and Hour Division
determines that there Is an apprenti ceship program assodatod
with th e C01Tespond !ng jou rneyma n-level wage rate on the
wage detennination wnlch provides for less than full fringe
benefits !of apprentices . in which case such lrainees shall
recefve the same fringe benefits as apprentices.
(4) In the even t the Employment and Training
Adm inistration withdraws approval of a tra ining program . the
conb'?.ctor or subcontractor will no longer be permitted lo utilize
trainees at less than the applicable predetemiined rate for the
work performed untll an acceptable program is approved.
c. Helpers :
Helpers will be permitt ed to won< on a project If the
helper dassification Is specified and define<! on the appli cable
wage detennination or Is approved pursuant to the
conformance procedure sel forth in Section IV.2. Ally won-er
listed on a pa yroll al a he lpe r wage rate , who is not a helper
under a approved detinitlon , shall be paid not less than the
appllcabte wa ge rate on th e wage determination for b,e
classifica tion of work ac11Jally performed.
5. Apprentices and Trainees (Programs of the U.S .
DDT):
Apprentices and tra inees working under apprenticeship
and skill training programs wtt icn ha ve been oertifieo by the
Secretary of Tra nsport3tlon as promoting EEO In connection
'Nith Federal-aid highway construction programs are not
subject lo the reQu lrements of paragraph 4 of this Section IV.
The slr3ight time hour1y \\~ge rates for apprentices and
tra inees under such programs will be established by the
parti0Jlar programs. The r;Jtlo of apprentices and tra inees IC'
}oumeymen shall not be gre ater than permitted =:,y the tenns of
the parti0Jlar pr09ram.
6. Wlthholdlng:
The SHA shalt upon 11!1 own action er upon written
requ est ol an authorized representative of the COL withhold, or
QUSe to be withheld , from the contractor er subconlractor
under this contract or any other Federal contrac: with the same
prime contractor. or any other Federally-assisted contract
subjec1 to Davis-Bacon prevailing wage requlrer.nents which is
held by the same prime co ntractor, as much of the accrued
payments or advances as may be considered nei::essary to pay
laborers and mechanics , lnduding ap prenlice~ trainees , and
helpers, employed by the contractor or any suocontractor the
I\Jlt amounl of wages required by the contract. m the event of
fa ilure to p:t y an y labo<er or mechanic , mcludlng any
apprenllce , trainee. or helpe r, employed or worimng on the site
ol the work , all or part of the wages required t:iy the conlract.
the SHA contracllng officer may, alter written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance , a guara ntee of
funds until such v,otatlons have ceased.
7. Overtime Requ irements:
No contractor or subcontractor contra cting for any part
ol th e contract work which may require or lnvcl•11e the employ~
ment of laborers, mechanics . watchmen , or guards (induding
appre ntices, tra inees, and helpers described Ir. paragraphs 4
and 5 above ) sha ll require or pennll an y labcrer. mechanic,
watchman, or guard In any workweek In wn1ch he/sh e Is
employed on such work, to work in excess of ~ hours in such
workweek unless such laborer. mechanic, watc:-iman . or guard
rece ives compensation at a rate not less thar one--and-one--
ha ll times his/l'ler ba~lc rate of pay for a• hours worked In
excess of 40 hour.1 In such wo~k.
8. Vlolallon:
Uabifity lor Unpaid Wages; Uquldaled Oar.nages : In the
event ol any violation of the dause set forth m ",,ragraph 7
above , the contraclor and any subcontrac:or responsible
thereof shall ba liable to the affected empl~ for his/her
unpaid wages. In addition, such contractor ano subcor,tractor
shall be liable to the Unite<! States (I n the ca..-@ of WOik done
under contract for the District of Columbla or a enitory. to scch
District or to S'Jch territory) for liquidated dar.narp s. Such
liquidated damages shall be computed wllh respect to each
ind Mduat laborer, mechanic, watchman, or guam:t employed 1n
vlotatlon of the dause set forth In pcoragraph 7 .. in the sum of
$10 for each calendar daj• on which such •mployee was
required or permitted to 'WOn.. In excess of the standard 'N00t
week ol 40 hours without payment of the cwertlme wa~
required by the dause set fonh In paragraph i .
9. Withholdlng for Unpaid Wages ar:w.1 Liquidated
Damages:
The SHA shall upon ilS own action or upon wrrtten request of
any authonzed representative of the OOL withhold , or cause to
be withheld, from any monies payable on ac::ount ol work
perfonned by lhe contractor or subcontractor i..mder any such
contract or any other Federal contraci wilh d"ie same prime
contracior, or any other Feclerally-asslsted cornnct subject to
the Conlract WOO( Hours and Safety Standan:::s Act. whid'l is
held by tne same prime contractor. such sums as may be
determined to be necessary to satisfy any UaDill Ues of such
contractor or subcontractor for unpaid wages and llquldated
damages as provfded in the dause set tortt, m paragraph 8
above .
V. STATEMENTS AND PAYROLLS
REQUIRED BY !J :FR 633 .102 -
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(AppUcable 10 an Federal-aid constructJo n con tra cts
exceeding S2,000 and to all related subcontracts, exce pl for
projects located on roadways classified as local road s or rural
COllt!clors , which are exempt.)
• 1. Compllance wit h Copeland Regulallon1 {29 CFR 3):
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The contra ctor shall comply wilh th e Copeland Regulations
of the Secretary of Labor which are here in lncorporaled by
refere nce .
2. Payrolls and Payroll Records:
a. Payrolls and basic re cords relating thereto shall be
maintained by the contractor and each subCOntraclor during
th~ COlJrse of lhe wortc and preserved for a penod of 3 years
from lr1 date of comptellon of lhe contract fO< all laborers.
mechz cs , apprentices , tra inees , watchmen. helpers, and
guards work ing at the sile of the •NOrtc .
b. The payroll records shall con ta in the name, social
security number. and address of each such employee : his or
her correcl classifica llon: hourly rates ol wages paid (including
rates of conltibution s or costs an tici pated 10< bona fide fringe
benefits Of cash equivalent thereof the types descri!led In
Section 1(b)(2}(B) ol the Davis Bacon Act); doily ant1 weekly
number of hours wori<ed ; deductions made: and aclual wages
pa id. In addition, for Appalachlon contracts, the pa yroll records
shall contain a nota tion Indicating whethP r the employee does.
or does not, normally res ide In the labor area as defined In
Attachment A , paragra;,h 1, Wheneve r the Secretary of Ulbor,
pursuant to Se ctlon IV, paragraph 30, ha s found that lhe
wages of any laborer or mechanic lndude the amount of any
costs rea sonably anticipated In providing t>t,nefits under a ptan
or program descnbed In Section 1(b}(2)(B) ot tho Davis Bacon
Act, the contractor and each subcontractor shall maintain
records which show thal the commitment to provide such
benefits is enforceable. thal the pla n or program is financially
responslble, that the pla n or program has been communicaled
'n writing to the laborers or mechanics affec;ea , an1 snow the
cost anticipated or the actu al cos1 incurred In providing
benefits. Contractor, or subcontractors employing apprentices
Of trainees under approved programs shall maintain wrinen
evidence of the reg islration of apprentices and tra inees, and
rati os and wage rates prescribed in the apphcable programs .
c Each contractor and subcontractor shall furn is h. each
weelo. in which any contract W0(1( is performed , to the SHA
res ident engineer a payro ll of wages pa id each of its
employees (In cluding npprentl~s. tra inees. and helpers,
described in Section IV. paragraphs 4 and 5. and watchmen
and guards en~aged on 'NOf1c: during the preceding weekly
pa yroll period). The payroll submitted sha :I se t ou t accura Iety
and completely an of the Information required to be maintained
under paragraph 20 of this Section V. This infonnatlon may be
submitted in any !orm desired Op tional Form WH-347 1s
available for lhis purpose and may be purchased from Ih a
Superi11tenden 1 of Documents (Federal stock number 029-005-
0014-1). U.S. GJvemment Printing Office. Wash ington, O.C.
20402. The pnme oontrnctOf Is responsible for the submission
of copies of payrolls by all subcootrac1ors.
d, Earll pa~roll submitted shall be accompanied by a
·s1atemen1 ol C".,ompllance.-signed by the contractor or
subcontractor er his/her agent wno pays Of supervises the
payment of th e persons employed under the contract and shall
certify the followlng:
(1) th at the payroll t0< the payroll penod c.on ta ins Iha
lnformaf.on required 10 be maintained under paragraph 2b of
this $tictlon V and that such Information Is correct and
corrrplltle:
(2) lha l sueh laborer or meehanic (lnduding eac!1
helper , apprentice , and tra inee) em ployed on the con,...,~
during the payroll per1od has been :;aid lhe ftlll week ly wages
earned , withoul rebate. either diredy or lndirecUy, and that no
deductions have be en made elttter directly O< indlrecUy from
the full wages earned, other than permissible deductions as set
forth In the Regulatlons , 29 CFR 3:
(3) lhal each laborer or rr.echanic has b&ln paid no!
less th al th e applicable wage rate and lringe benel1lS or cash
equlvaten t for the dasslflcation ol wortce d perltirmed, as
specified In the ap plicable wage cetermmaUon lnc..orporated
Into the contract.
e. The weekly submiss io n of a properly executed
certification set fonh on the reverse side ol Optional Form WH•
34 7 shat! salisly th e requiremen 1 lor sub mission of the
·statement of Compli ance· requirec by paragraph 2d or th is
Section V.
f, The fals ification of any of T.e above c.ertifications may
subject the contractor 10 civil or c,mmal prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231 .
g , The contractor or sut:contractor shall make the
reCOf'ds required unCler paragra:n 20 of this Se ction V
available for Inspection, copying , or :ransoiption by authorized
representatives of the SHA, the Fi-:'.'JA. or !he DO L. and sha ll
perm11 such representatives to ln:ervie w employees during
working hours on the Job. If lhe contractor or subcontractOf
fails to submit the required recoras ,.-10 make them available,
ttt e St-4A , the FHWA, the DOL , or an may. after wrinen notice
to th e contractor, sponsor, ap ptic..nl or owner, take such
actions as may be necessary to ca...se the suspension of any
further payment. advance. Of guarantee of funds .
Furthermore , failure lo submit ll"e reQulred records upon
reQuest or lo make such records a·,a1laole may be grounds fOf'
debarment action pursuant to 29 CR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contrac:s on !he Natiooal Highway
System. except those which prow:e solely tor lhe Installation
of protective devices at ra ilroad ?:le aosslnc;s , those which
are constnJcted on a force acc:.:u,t or direct labor basis ,
highway beautification contracts. ana contracts for which lhe
total final coostructlon cost for roac..ay and bridge Is less than
S1.000,000 (23 CFR 635) the contra-eor shall:
a. Become familiar with the ;t:il of speofic materials and
supplies con ta ined In Form FHWA...:.7. ·statement of Malerials
and Labor Used by Contrac'.or of Highway Construction
Involving Federal Funds,· prior to -:-ie commencement of wor1<
under th is contract.
b. Ma in ta in a record 1.,( the tc:al cosl of all ma1el"1ls and
supplies purchased fOf alll ·,COtl)Cf'ated in lhe wor1<. and also
of lhe quantlr.es of those s~. "fie r.-:atenals and suppUes lis ted
on Form FHWA-47, and In th e umts S."\OWn on Form FHWA-47.
c. Furnish, uoon lhe comp!e-:,on of the contract, to the
SHA resid ent engineer on Form F -.WA..J.7 togeiner with the
data requ ired in paragraph 1 b relative to materials and
supplies, a final labor summary of on contraCI wont indicating
the tota l hours wortced and the total iJTlount eamed .
2. At the onme contractor's OCX>n, either a si ngle report
covering all contract wortc or separa:e repom; for the contractOf
and for each su bcontra ct snan be st...om1 t1ed .
VII. SUBLEm NG OR AS SIG NING TliE CONTRACT
1, The contraclor sMII perform wi th 11.S own organlzatk>n
contract wor1t amounting to not Jess ttian 30 percent (or a
greater percentage 1f speofiecl etse-.-nere in the contrad) of the
total original contract pnce , exdv:1ng any specialty Items
designaled by the State . Soeoatty ,ems may be perlormed by
RE r.~O BY 2) CFR 6)) 102 -
subcontract and the amount of any ,uch specialty ilems per•
fofffled may be deducted lrom Iha total orlglnal contract price
before computing the amounl of wont requ ired to be performed
by the con tractor's own organi:z.aUon (23 CFR 635).
a. "lls own organlzaUon" shall be construed to lndude
only work ors employed anc'l paid d!rectty by the prime
contractor and equipment owned Of rentecJ by the prime
contrac!OI', with 0< Without c,peralors. Su ch term does no1
Include employees or equipment of a su bcontractor, assignee.
or agenl ol the prime con11ac::o,.
b. "Specialty Items· shall be CJnS lrued to be llmlled lo
work lhat requires highly specialized knowledge, abUIUes, or
equipment nol ordlnanly available In the type or oontractlng
organizations qualified and en,ected to btd on the contract as
a whole and In general are to be Umlted lo mh .or componen~
of the overall contract
2. The contract amount upon wh ich the requirements set
forth In paragraph 1 of Section VII Is compuled indudes tho
cost of material and manufactured pr od ucts which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent
superintendent or supervisor who Is empk)yed by the firm , has
fun auihooty lo direct performance of the wont ln accordance
with the contract requirements. and is ln charge ol all
construction operatlons (regardless of who performs the wane)
and (b) sucn other of tts own organizatloria1 resources
(supervision. man.igement. ana eng ineering services) as the
SHA contracting officer determines is necessa,y lo assure the
performance ol lhe CClrltract..
4 , No portion of the contract shalt be sublet. assigned or
otherwise disposed of except with the wTillen consent of the
SHA contracting officer. or authorized represe ntative, and such
consent when given shall nol be construed to relieve lhe
contractor of any respons.lbillty for the fulfillment of the
contract. Written consent will be given only attr.r thti SHA has
assured Iha! each subcontract Is evldenced In 'Miling and that
ii contains an pertinent provisions and requ irements of the
prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with all applicable Federal , S1.ate , and local laws
go -em ing safety, health, .1ncl sanitation (23 CFR 635). The
convactor shall provide all safeguards. sa fety devfces and
protective MUipmenl and take any other need ed actions as it
detennlnes, or as the SHA contracting officer may determine.
to be reasonably necessary to proleci the life and health of
employees on the job and tr'! safety of the public and to
protect property In connection with the performance of the 'M)M(
covered by the contract.
2. ll Is a condition of tttls contraci, an:1 shall be made a
condition of each subCX1ntract. which the contractor enlers Into
pursuanl to this contract. that the contractor and any
subcontractor shall not permit any employee. In performance
of the contract, to 'NOOC in surroundings or under rondWons
wtllch are unsanila,y, hazardous or dangerc JS lo hlshler health
or safety, as determined und8f constructlo 1 safety and health
standards (29 CFR 1926) promu1gate<I t,. the Seaetary of
Labof, in accordance with Section 107 of the Contract Work
Hou~ ~nd Si fety Stalldards Aa (40 U.S.C. 333).
3 . Pun.uant 10 29 CFR 1926.3 , it is a condition of this
contraci that the Seaeta,y of Labor or authorized
representaUve thereof, shall have right of entry to any slle of
contract perfonnance to inspect or investigale the maner of
compliance with the construction safety ana health standards
and to carry out the duties of !he Seaetary under Section 107
of th e Cont,act Work Hours anc Sa fery S~ards Act (40
u.s.c. 333}.
IX. FALSE STATEM ENTS CONCERNll'OG HIGHWAY
PROJECTS
In order to assure high quaUty and durabie :::onstructlon In
oon fo,mlty wi lh approved plc!J'\S and S;>eCJflcitions and a high
degree ol re llabfti!y on statements anJ represe"ltations made
by engmeers . contractors, suppliers, and wcr,.!M on Federal-
aid highway pro/ects , II is essennal !ha! all p~:>ns concemed
wi th th e project perform the ir tuncoons as c.Jrei.Jlly, thoroughly,
and honesuy as possible . Willful falsifica !lcn. distortion, or
mlsrepresenlatlon with re s 10 any fa<::!I relateiJ to the
project Is a vlotatlon ol Federal law. 7.j prevent any
misunderstanding regarding the senousne!3 of these and
slmllar acts, the lollowing noti~ Sh.all be :osted on each
Federal-aid highway project {23 CFR 635) n one Of more
places where II Is readily available 10 all ~ concerned
with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL·
AID HIGHWAY PROJECTS
18 U .~· • :. 1020 read s as foll<1Ns :
-W,,,oevo r. boint1 an officer. agent. or empic'!'M of the United
States, or of any State or Temt ory, Of' wr.ce-.-er, wholher a
person. ss.socletion. firm , or co,poradon, kncwtrQfy makes ariy
false .statement, false representar:iorl . or fa lse ~DOrt as to the
character. quality, quantity, c, co.st of me ,r.arm -,a l used or to
be used. or 1he quantity or quality ol me we,... =rerlormed or to
be performed, or the cost thereof .i cor.r e:"jOII with tho
submission of plans, maps. spec;fflcadons. c::nnct.s, or costs
of con.stroction on any highway or n,l,;•ied prqe-: submffted for
approval lo tho Secmtary of Transportation: er
W'hoever knowing,'y makes any fal.se s:mement. fa l.s&
mpro.senlation, false mport or false cJairn wrtr'-ra::pect to the
character, quality, quantity, or cost of My Ii«''• ;,e~d or to
be perlormed, or materials furnished or to -~ fumlshed, in
connection with Iha construction of any h'9'"'WOy or rulsted
project approved by the Secmtary of Tran.spcr.:mion ; or
V,lhoevor knowingly makes any false .s:a19ment or false
mpru .sematlon as to material fact in any stat'l!!f""mnt. certificate.
or roport submitted pursuant to provisions cf me Federal-aid
Roads Act approved July t. 1916. (39 Slat. J5!). as amendod
and .supplemented;
Shall be fined not mora that $10,000 or irr.p"'3oned not mo,a
than S years or both.·
X. IMPLEMENTATION OF CllcAN AIR ACT ...,.0 FEDERAL
WATER POLLUTION CONi'ROL ACT
(Applicable 10 an Federal-aid oonslrudon c::ra:acts and to au
related subconlr.'cts of S100,000 01' more.)
By submission of this bid or the exec..ition ct tiis contract, or
subcontract. as appr0prfate . the bk:ce-. Federal-aid
construction contractor, or subconirac=or. a.! a:::,:,roprfate, will
be deomed lo have stipulated as follc7#s :
1. That any fa ci lity that is or will be utilize<: in tie performance
of thi s contract, unless such contrac: '5 e.-rem;:,1 under the
Clean Air Act. as amended (42 U.S.C . t :::7 lJ ag., as
amended by Pub.L ~1-604). and under :re r:ederal Water
PoUutlon Control Act, as amended (33 U .S.C. •.251 11 ag., as
amended by Pub.L. 92·500). Exea.rttve Cr=er 11732, and
regulations In lmpl1tmer.tation thereof (40 CR i 5) is not listed ,
on the dale of eot,trad award. on :he u .s _ Environmental
Pro1ectic-Agene)' (EPA) Lisi of Violat:ng Faci1it>es pursuant to
40 CFR 1 ~.20.
REQL1RED BY~ ~FR 6Jl.102 -
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•
•
2. That thi, firm agrees lo comply and remain Ir, compliance
with all the requirements of Section 114 of the Cloan Air Act
and Section 308 ol the Fed eral Waler Pollullon Con trol Ac! and
all r~gulatlon"s and guldellnes listed th ereunder.
3. That the firm shall promptly notlty the SHA of the rece ipt of
any communication from the Director. Office of Federal
Acti vities, EPA, Indicating that o facility that is or will be utilized '°' the contract is under consideration to be Usted on the EPA
Ust or VlolaUng Facilities .
4. Thal the firm agrees lo lndude or cause fo be Included the
requlrftments of paragraph 1 through 4 ol this Section X In
every nonexempt subcontract, and further agrees lo take such
action as the government may direct as a means of enfOl'clng
such requ irements .
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification • Primary Covered
Transacilons :
(Applicable to all Federal-aid contracts • 49 CFR 29)
a. By sign ing and submitting th is proposal, the
prospective primary partldpanl Is providing the certlflcatlon se t
OUI b-elow.
b. The lnublllty of a person to provide the cert/flcation
set oul below will not necessarily result in denial of
participation In thls covered transaction. The prospective
participant shall submit an explanation of why It cannol provide
the certlflcatlon set out below. The ce:-Uncatlon or explanatlon
will be considered ir. connection with the department or
agency's deIermination whether lo enler Into th is transactloo .
However , fallure of the prospective primary participant to
furnish a certlflcatlon or an explanatlon shall disqualify such a
persor. from panfclpaUo., in this transaction.
c. The certlflcatlon in tn •!I dause Is a material
representation of facl upon which rellance was placed when
the department or agency determined to ente r Into this
lransaction. If It is later determined that the prospective
primary participant knowingly renderl!d an erroneous
certlflcatlon, ln addition to other remedies available to lhe
Federal Government. the departmenl or agency may terminate
this transaction f()( rouse of default
d. The prospective p;imary p;a, ,pant shall provide
Immediate written nodce to the department or agency to whom
ltils Pf0p0Sal Is submitted if any time the prospective primary
participant learns that its certlflcation was erroneous when
submitted or has become erroneous by reason of chan~
circumstances.
e. The term s •o,vered trnnsactlon." "debarred:
"suspended; 'lnellgible; 10W".:r tier covered transaction,·
"participant.· •pe~on. • "primary covered transaction,·
"principal," ·proposal; and '"voluntarily exdudftd." as used In
this dause. have the meanings set out In the Definitions and
Coverage sections of ru les implementi ng Executive Order
125"9. Ycu may contact Ule departmenl or agency to which
this proposal is submitted for assistance In obtaining a copy of
those regulations.
f. The prospective primary partldpant agrees by
submitting :h is proposal that. should the proposed covered
transaction be entered Into, It shall oot knowingly et',ler into any
kJwer" Uet-COVl!fed transaction with a pe~ who ls debarred,
suspended, declared ineligible, or YOluntarity exdud&d from
partidpaI1on In this covered transac'Jon. unless authorized by
the departmenl or agency entering into this transaction.
g, The prospective primary participant further agrees by
submitting th i.; proposal that lt will Include the clause tlHed
"Certification Regardlng Debarment, Sus pension, lneligibillty
and Voluntary E,,cciuslon-Lower Tier Co\lered Transaction;
provided by the department or ag ency entering Into this
covered transaction, wilhoul modlnc.a llon, In all lower tier
covered transactions and In all soltcltatlons for lower Iler
covered transactions.
h. A participant In a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction thal Is not debarred , suspenoed, Ineligible, or
voluntarily excluded tram the covered transaction, unless It
knows that the certification Is erroneous . A participant may
decide the method and frequency by wh ich It detennlnes the
etlgibillt,1 of Its principals. Each participant may, but ls not
required to, dIeck the nooprocurement portion of tha "Usts of
Parties E,,cc/uded From Federal Procurement or
Nonprocu,ement Programs· (Nonprocurement Ust) which Is
compiled by the General Services Administration.
I. Nothing contained ln the foregoing shall be construed
to require establlshmcnt of a system of records in order to
render In good fa ith the ceniflcatlon required by th is dause.
The knO'l'lfedge and Information of partlclpanl Is not required to
exceed thal which Is nonnally possessed by a prudent person
In the ordinary cou rse of business deallngs.
J. Except ror transactions authorized under paragraph f
of these Instructions, If a participant In a -:overrid transaction
knowingly enters Into a lower tier covered !rr .. 1lon with a
person who Is suspended, debarred, lneUglb' ~~ voluntarily
excluded from participation In this tra nsaction , addition to
other remedies available to the Fede VYvrnment. the
department or agency may terminate this :r $J ctlon for cause
or default.
Certification Regardlr,g Debarment, Su1pe03ion,
lnellgl billty and Voluntary Exclusion-Primary Covered
Transactions
1. The prospective primary participant certifies to the be!lt of
Its knowledge and belief, that it and Its principals:
a. Ale not p,:?se nUy debarred. suspended, proposed for
debannent, dod~red ine!lgible, or voluntarily excluded from
covered transaction, by any Federal departmer.l or agency;
b. ~ave not within a 3-year period preceding this
prcoosal been oonvlcted of or had a civil judgement randered
against them f()( commission of fraud Of a criminal offense In
a>nnection with obtaining, attempting to obtain, or psrfonning a
public (Federal, State 0( local) transaction or a>ntrad under a
public transactlor,: violation of federal or Stale antitrust
statutes or commission of 'Jfflbezzlement, then , forgery,
bribery, fatsificalion or destruction of records, malting false
sta lements, 0( re~iving stolen property:
c. Are not presently indlcled tor or otherwise a,mlnally
or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated In
paragraph 1b .Jf this certification: and
d. Have not within a 3-year per1oo preceding this
appUcation/proposal had one or more r .u.',llc lransadions
(Federal, State or local) terminaled !or caur.e o: default
2. Where lhe prospective ~""mary participan ' i.t unab6e to
certify lo any of the statements In this certll\.::atlon, such
prospective partldpanl shall attach an explanation to this
proposal.
REQUIRED BY 23 CFR 633 .102 -
2. Instructions for Ctr11fl catlon • Lower Tler Cover.-,;
Transactions:
(Apptlcablo lo au subcon tracts, purchase on:lers il fYJ olher
lower tie r transactions ol $25 ,000 o, mOfe • 49 CFR :,,.. ;
a . By sig ning and :lubmitting thi! ft ,oposal. the
prosoeclive IOwcr tie r Is providing the cert1:'lca tlon set ou t
below.
b. The certlfica'il)O In this dause is a material
re presentation of lact upon which reliance was placed when
th is transaction was entered Into. II It is later detennined that
the prospecllve lower t·er partidpant knowingly rendered an
erron eous ccrtlnc.itlon, 1n :1dditlon to other remedies avalla b!e
to th e Fede ral Government, the department. or age,1cy with
wh ich th is tra 11sactlon originated may pursue available
remedies , Including suspensil,)O and/or debarmonL
c. The prospective lower tier participan t shall pro..,;de
Immediate 'M'itten notice to the person to which tn is proposal Is
su,1mlned fl at any time the prospective lower lfer pa rticipant
le;,rns tha t its certification was erroneous by reason of
changed circumstances .
d . The term s "covered transaction." "deb,rred."
·suspended: "lnellglble." "pri mary covered tr.msiictlon."
"partici pant: "pe rson." "principal ," "proposal." and "voluntarily
exduded • as used In this dause. ha ve the meanings sel out In
the Definitions and Covera ge sections ol ru ll.lS Implementing
Executive Order 12549. You may contact the person to wh ich
th is proposal Is submlHed tor assistance in obtaining :, copy ol
thoso regulalfons.
e . The prospectiv13 lower tie r pa rticipant agrees by
submlnlng this proposal that. shoo ld the proposed covered
transaction be entered Into, II shall not know,ngly enter Into an y
lower tier covered transaction with a person who ls debarred .
su:spended . decla red lnellg1ble, or vol untarily exci uded from
participation In th is covered b"an:saction . unless authorized by
the department or agency with wh ich th is transaction
originated .
f. The pro:spectlve lower tier participant further aorees by
submitting this proposal that it will indude th is dause liUed
"Certification Regarding Debarment. Suspension. Ineligibility
and Volunta ry Exd usion-lO'N'er Tier Covered Trnnsaction, •
with out modification , in all lower tier covered transactions 3f'ld
In au solici tations for lower tier covered transactions.
g. A participant In a covered transaction may rely upon a
certification of a prospective participant In a lower lier covered
transaction that Is not debarred , suspended. Ineligible, o,
voluntarily e11duded from lhe oovered transaction, unless II
knows that the certiflcation is erroneou,. A participant may
decide the method and frequency by wh ich ii determines the
ellglbUity of Its principal,. Each participant may, but Is not
required 10, check the Nonprocurement List
h. Nothlr,g contained in the foregoing shall be construed
lo require estabUshment of a system of re cords In order to
render In good lalth the certlflcatlon requ ired by tnls dause.
The knO'Wledge a,,d Information of participant Is not requ ired to
exceed that wh leh Is normally po35e'lSed by a prudent .. !lrson
In the ordinary course of business dealings .
I. Except for transactions autnorized under paragraph e
of these Instructions, If a participant in a covered transaction
knowingly entn Into a lower tier covered transactk>n with a
person who is suspended, deban-ed. ineligible. ot voluntarily
u:duded from participa tion in this transaction , in addition lo
other remedies avall able to the Feaeral Government. the
department Of agency with which this 1ransae11:>n originated
ma y pursue aval1 able remed ies , lndud!ng sus09nslon and/or
debarment
Cer11nca1 lon Regard ing Debarment. Suscension,
l ne llglb l!l ty an,: Voluntary Exclusion-Lower T,er Covered
Transactions:
'L The prospective low'e ,· tier partiapart certifles, by
subm isolon of this proposal , th31 neither ii no r a. prinC:pals Is
presentfy debarred, su spended, propose<J fer debarment,
dedared lnellgible. or vol untarily exduded from :,artlcipation in
th is transaction by any Federal departmenl 01' iJ9!1ncy .
2. Where the 1-1rospec tive lowe r tie r paniopant Is unable to
certify to any of the statements In th i:s cer:itflcation, such
prospective participant shall attach an explanation to th is
propcsat.
XII , CERTIFICATION RE r ARCING USE OF CONTRACT
FUNDS OR LOBBYING
(Applicable to all Federal-aid construction c:ntracts and to
all related subcontracts which exceed $1 00,000 • 49 CFR 20)
1 The prospective partici pant certifie s. ti._. slgninc., and
subm itting th is bid o, proposal, to the best :rf hls or her
knowledge and belle!, that:
a. No Federal appropriated funds have C~n paid or 'MU
be paid. by or on beha11 of the unders igned, tc any peB0"I for
innuencing or attempting to influence an officer ~ employee of
any Federal 3\jency. a Member of Congress. an officer or
employee of Congress, or an employee of B Member of
Con\jress In connection with the awarclng r:f any Federal
coritract. the making of any Federal grant lhe making "1 any
Feder.1 1 lo: .. 1, the entering into of any cooperathe agrr:ement,
and the exte nsion, conllnuaUon, renewal , ;an,endment. or
mod ification cl any F'?deral contract. gr...n. loan. or
cooperative agreement.
b. If any fund s other than Fed eral at1cr:r.uiated funds
have been paid or will be paid lo any person fer mfluendng or
;Ulempllng to influence an officer or employee :rf any Federal
agency, a Member of Congress . an officer er employee of
Congress, or an employee of a Member r:f Congress in
connection with th is Federal oontract. g.rnt. loan . or
cx,operatlva agr ee ment, !he undersigned shall :::omplete and
subm it Standard Form-LLL. -Olsdosure Fa-m lo Report
Loobying, • in accordance with its insuuctlo ns .
2. This certification Is a maleriat representadon of fad upon
which reliance was placed when thls transadcn was mi'de or
entered Into. Submission of this certification is a pre, ... lsite
fOI' making °' entering into th is tra nsaction ir.n::>osed by 31
U.S.C. 1352 . Any person who tails to flle-tne required
certlficatlon shall be sut• "Cl to a civil pe nalty cf no! lesS than
$10,000 and not more than $100,000 for eac:t su:::-i fa il ure.
3. The prospective partici pant also agrees C')< submitting his
I')( her bid Of proposal that he or she sha1I l"!l::J uin, that !he
language ol this certification be lnduded ir, all lower tier
subcontracts, wh ld'I exceed $100,000 ar.a tnat aa such
recipients shalt certify and dlsd ose aca:irdingly.
REQU IRE D BY :.J ::FR 6)3.102 -
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EXHIBITC FUN DING PROVISIONS
A. Thr Local Agency has c51;mated th e total cc,s t 1he Work to be $140,000 .00, which is to be
funded as fol Ir ,vs:
!BUDGETED FUNDS
I ! a. :Federal Funds $112,000.00
80 % of Participating Costs
b. Lo cal Acenc~iitchina Funds $ 28 000 .00
20 % of Part icioatina Costs
C. Local Agency Matching for COOT-Incurred Non -:s 0.00
Part icioatina Costs
(lncludinq Non -Partic ioatinq Indirects)
TOTAL BUDGETED FUNDS $140,000 .00
ESTIMATED COOT-INCURRED COSTS
a . Federal Share $ 0.00
80%lof Particioatina Costs -
b. Local Share
Local Aaencv Share of Particioatino Costs $0 .00
Non -Participating Costs (Including Non-$0.00
Particioating lndirectsl/1c)
Estimated to be Billed to Local Agen cy $ 0.00
TOTAL ESTIMATED COOT-INCURRED COSTS $ 0.00
ESTIMATED PAYMENT TO LOCAL AGENCY
" Federal Funds Budaeted (1al $112 000 .00
b. Less Estimated Federal Share of COOT-Incurred $ 0.00
Costs (2a)
TOTAL ESTIMATED PAYMENT TO LOCAL $112,000 .00
AGENCY
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount ($112,000 .00 divid £.-d $140 ,000 .00
bv80%
Less ROW Acauisition 3111 $ 0.00
Net to be encumbered as follows : $140,000 .00
.35.
B.
Desi n 2312 1P 3020 $ 20,000.00
Const 2312 1P 3301 $120,000.00
The matching rat io for the federal participating funds for this project is 80% federal-aid funds
(CFDA #20 2050) to 20% Local Agency funds , it being understood that such ratio applies
only to the S 140,000 .00 that is eligible for federal participation , it being further understood
that all non-participating costs are borne by the Local Agency at I 00%. If the total
participating cost ofperfonnance of the Work exceeds $140,000.00, and additional federal
funds are made available for the proj ect, the Local Agency shall pay 20% of all such costs
eligible for federal participation and 100% of all non-participating costs; if additional federal
funds are not made available, the local agency shall pay all such excess co sts . If the total
participating cost ofperfonnance of the Work is less than $140,000.00, then the amounts of
Local Agency and federal-aid funds will be decreased in accordance with the funding ratio
described herein. The perfonnance 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 $112,000.00,
(For COOT accounting purposes , the federal funds of $112,000.00 and local matching funds
ofS28,000.00 will be encumbered for a total encumbrance of$140,000.00), unless such
amount is increased by an appropriate wrinen modification to this contract executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or stale and/or Local Agency sources, as
applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that any
party terminating its interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which may occur as a result of
such tennination.
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SPECIAL PROVISIONS
CO_NTROLL ER'S APPROVAL
1 Ths conlrlCI W li no, be deemod valld until it Shall hive been approved by lhe -:OO IIOl!et ol the State of CCllonk>o or lutn llllslanl H ht may
designa te This provision is applicable to any contraCI Involving the paymenl of money by the Stat•.
FUNO AVAILABILITY
2. F-.nanclal obligations ol the State ol Colonldo payable after the current li1Cal ~ar are contingent upon funCls lor NI purpose being epp:oprilled,
budQeted , and olherwise IT\8Cle available
BOND REQUIRE'>1ENT
3. II !his c:ont,ac, involvH lhe payment ol more than fifty thousand clOII•~ for the construction , erection, repair, ma lnumanca, or impt011emen1 of ar,y
buildlng , road, bridga , 'Mduct, runnel, llltavalion o, other pubrlc W0fk to, U\IS State. the Contraciof shall, before entenng upon lhe performance 01 any IUd\
wont nduded In lhis contrlct. duty uecute and deiver lo tho Slate otfclal wno 'Ml s,on lhe conltlCt. a good end sufflden1 t,ond or other m:eotable surety IO
be 1pprove<1 by said official in a penal sum noc less lhan one-hat' of It'll IOI.al amount payable by the 1emi1 of INs contract. Suctt bond SNII be duly executed
by I qualified co,porate IUllty cood1tloned upon the lallfltul performance ol the oontraa a,,cl in addition, lhall pttl'YiOe thal If the Contractor OI' his
subcontractors la~ to duly pay fot any labor, materials . team hire, sustenance. provisions , pruvendor or other supptMls us«! o, oonsume-1 by 1ueh Connctor or
his subcontractor In perlo,mance of lhe work contracted IO be done or lads IO pay any person whO supplies rental mac::tiine,y, tools. or equipment in !he
pn:isecution of thl WOB lhe sumy ~I pay the same in an amount no1 exceeding the 1um specified in the bond, together~ intllf'Ut at thl rate of eight pet
cent per annum. Unle ss auCh bOnd 11 axecu!ecl , CleliYeted and filed, no daim In favor of lhe Contradof arising und11r sueh contntci Shall be audited, allowed or
paid, A certlrlfld or cashl at'1 Chedtor a bank money order payable to the Treasurer of Ull StateofCQloradomaybe acceiited In lleuol abond. Tiisprov{llon
Is in compliance with CRS Ja,26-108
INDEMNIFICATION
,. To lhe extent authorlted by law, the contractor lhall lndemniriy, save , and nold harmless the State, its employees and agents, a;ainst any and al dalm1.
Damages, llaoility and C0\!'1 awards including costs. eq,enses, and altomey fees incuff9d as a relUlt of any act or omission by tne contraaor, or ita ~-
Agents, su tk.OtlnctOB. or assignees puDuant to the terms of 1h11 contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees lo comply with lhe lener and spirit of the Co6orado Antidisoimination Aci of 19Si. as amended, and O!tllll' applicable law
re,pect!n,g di5aimtnatlon and unfar employmenl praciices (CRS 24-34-402). and II required by E-ecutlve Order, Equal O;,ponunity and Afflnnative Action,
dated Apnl 1e, 1975 P ursuant thefftto, ~ follol<W'lfJ provisions sh.Ube c011tliMd ln all Stale conttkts or subcon//ac1s.
During the perlormance of !tis contract. the Contrac.:or agrffs as follows·
(a) The ContrKtor will "°1 discriminate against any employee or applicanl tor emP'o)'me,ll l>IIQus. of race. creed. colOr, r\illionll origin, sex. marital status ,
rellg10n, ancestf\l, mental or physkal handicap, or age. The Contractor wil take a!firmalMI ac:iol1 IO in sure that ac,pbnts are employed, and thal
employee$ are trnted during ~neot. ¥1'11h0vt re,gard to the above mentioned ctwxterlstica. Suet\ act,on shall indude, but nol be limi1ed to lhe
lollc,oMng empk>)'fflent upgra:jing, dernc)jon, or lransfer, recrui1men1 or rr.n.iHn'llll'll tdv1tnlsings. lay-offs or terminations: ratu of pay or ottM9f lonns of
compensation, and Mtlectlon for training, Including appntntioeship. The Contractor agrees to post in c:onspio.Joos placH. available 10 employees and
applicants tor emc>IO)ment. notices to bl.t pn)Yided by the contracting officer setting forth provisions of !his non-disaimlna'X)n dause
(b) The Con1r1ctor will, in all solict.atJOns or adVeltiMKnenll lor emplO~s ~ by or on behaN of lhe Contr.tclof. Sla te lhat al qualitied applica,111 will
receive 00n1Joeration for tn\l)I0',1nent llrlllf'Out reoan:t IO ntc.e, ~. color. nntional origin . aex. mantal status, ref9(lf'I, encncry, mental or p/'ly5lcal
t\andic:ap,orage.
(c) The Contrac::or will Mtnd lo NCh labor union or reoresentaove ol wono.ers ¥1'1th wt1ich he has a collective ba,va llling agreement or ocr. a,nnct or
undentanding, natica to be provicled by the contracting otr'!Qtr, advi11ng lhe labor unk>n orwono.ffl' 1"991"'sentative of the Connc:or's commtment under lhe
E.llecutive Order, Equal Opportunity and Affimlative Action , dated April 111, 1975, and rules , regu!alions. and mlevant Oraers of the Governor.
(dl The Connaor Ind labor l.nions wll fvrnisn 1• ln!ormatlon and repons reql.W8d by E.llecutive Order, Cqual Opportunity and Al'llnnat!lit-Action cl April 111,
1075, and by the rules. regulations Ind aroe~ of the GoYemor. or ~uant lhentto, and will pennit access to his bool(s, l900f"d1 , and oc:a,u,n1:1 by lhe
contracting 1t09ncy and the office of the Governor or his designee lor purposes of Investigation to ascertain compllarce ~ IUCh '1.#}s regulations end ..-
(e) A llbot oroa ni:ation WIii noe 8Jldl.: de any individual otherwise qualified tram run rnemblnhio rightl In such ~bar OfVill\l,,'".llion. or lltpel any sucti
lndMduat !n:,m membel"&hip in sud'l la'Jor ~anlzalion or discnminate agalnsl any of its members in the full enjoyment wor11. 09PQr1Un1ty oecause of !'KIi,
aeed. a»or, sex. national origin. or ancestry.
(f) A labor organiation, or the employees or memoers thentof 'MU not aid, abet. Incite. a,mpel or coerce the doing of any ad deftned In Olla contraa lo be
chcnminatory or obstruct or prevent any person II-om complying wilh the provWon of lhls CXJfltracl or any order issued thefalnder. or attempt, either dlrectty
or indirectly, to commit any ltd defined In lhls contract to be disaiminatory.
(9) tn the evern ol tf'le ConhClOr's non<:OrnPHance '#Ith the non.oiscrim1nalion dauses ol lhis contract or W'lth any of suctl rules, ,-gulatlonl, or orderl. this
contract may be canceled, teffflinaled or suspended in 'MlDle or In pan and the Connctor may be dedared lnelig:lble tor l\lnher State conlracts in
acc:oldance Wllh pnx:eoures . authorized in Executive Order. Equal Opport\Jnify and Affirmative Action of A?,-11 1e, 1975 and the l\lln. regulations . a orclef'I
PR>mUl;ateCI In acxxwtlance lhttewrth. and sud'I oltler sanctions as may be imposed and ntmedies as may be invoked as prtMCleCI In E.IIIIQ.ltive Onlers,
Equal ()pponunity and Afflrmaw. Action of Apnl 111, 1975, or by Nies. regulations. or orOffl promulgated In ta::ott1ance ~ or a, otherMse providecl ., ...
(h) The Contractor W'ill Include !he prowfsions ol patagraoht (I) through (l'I) in every subcontract and IUbcDnndof purd,aM Ot'ct.t 1.1\iess u.empted by
MIS. reguiltions, or orders issued pursuant lo E-ec:utiYe Oroer. Equal Opportunity and A.ffltmatiYe Action of Aont 1e, 1(175, to Iha! IUd'I p,tMlions WIii bl
bincfir-g upon ..en sobc::ontracbr or Y8fldor The ConlradO!' w,1 take suctl action W'ltl1 resped to any ~no or pun:hlM order u Iha connc:dng
IQ.tlcy may dintct II a muns ol enton::::ing SUCh pro"Mions, indut"ing llf'ldiYls lo,~: provided, ~. 1h11 in !he event the Contrr..or
bacDmes Involved in, or IS thrNtenect Wllh, litigation, W.lh the subcDnb'aCtor or .ioor n a mull of such dndion by tht a,nncng agency, 1h11 eon-.. actor
may r■quesl the State of Colcndo 10 emer Into SIJdi litigltJOn lo proted Iha imeml of the Slatl of Cokndo.
COLORADO LABOR PREFERENCE
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b. When I cont1rucdon oontr1lcl lo, I public plq',dltlObt•lwafflld IOI bidder, lt'llldenl bidder st.a bl dl:Mi9d I~ lglirm I no! eskMttl
b6ddrwfrom1 Staleorforwign counlryequal tolhl fnfnncegl....,or'9Q\,llrld bylhl S!Norfl:nlgn CCUllrylnwNd'llhl ~blddetll I reu'...nl If
I la dl9rminld by lhl ~ reeponeibll for .,,nir'U ,_ bi1 bit compllnc:9 with 1h11 IUbNcion .08 ny ~ denlll d fldnl ~ \lllfr..n -,u6d
OIWMlil bl l't'lilatlM or woued ~ bl lrtCXlftliAn W 1 ~ d F«Mral law, 1h11 ~ It.a bl~. bul only Y.I lhl tXllnl
~IOp,eYlnldenilldlhlfflOM)'IOIIOtArnNll .. lnCl:ntilllncywilhFederat~ (CRS &-19-101 and 102).
GENERAL
7. Thi -, db Stam al Colcndo Ind rulu Ind ,.,....,_ INued ~I ""1No lhcall bl applied In h lnll,Jneltion, tucullon, and~ cl
Na c:orflC:t. ,V"f provision oltil ccnnct .......,_ or not~ hnin by ralinnc9 wtic:t'1 ptO¥tdN: lot 8l'bilrdon by any•~ body or pwsot1
o,wNr;:.t, la Olhl.MM In conllc:I wiet, Mid INS, Nlill, and~ IIMII bl 0CIMidlred rd end 'IOid. Nolq a>ntlined In any prcMllon lncorpor.-d hnln
by~ which pu,portl lO 1'119111 INt or any ol'llr epecia provlllon In wholl '11 In par11h11 bl vald ot enton:Nbll OI IV.a.ble In In)' edlol, 11 law
wt'lllhlr by.,,,., ol complaint. dlf9nM, ot Olnltl"MN. Nrf p,oylsion rendnd nul and -.dd by the oplfation of 1h11 pnwllion wll not lnvllidatl lhl rem.lndl, al
.. oonnctlO h extent lhll lhl connct It caplbll aluec:utkn
a. Al 11-.n.. during lhl perfonnlnm ol 1h11 oontrad. flt ConlrXl0r 1N1 Rridfy_,.,. 10 al applicable l"tdltll and St.le lewt. ru6ea. and reo,idonl ht
~ r.., ot may..,_,,., bl Mlatlllhld.
9. P'lnwf'llbCRS 24-30-m4 (llanwad~ lhl .. CCJM'Ollrmaywihud dlotl a.:t 10.-IQll'ldll...-.. '<Wld0r'offlll inllnllpt l)'lllrn b': (1) ____ ., ___ ib)--...d""-"""°"_" ___ ., ..... 21,Tlllo38,CRS ;(c)-
._..IO .. ....,.to.tdwelond,_...,.,.,.r,1~edualllon;(d)ow.:ianr.lWl~IOblpaldlO,_~~lntW(1)
011a" l.-iplid dabtt OM'lg ti .. -. ot "'t 1g1f11:Y lwlol', h lffltU'II d \fllt'cf"I ii b.nd 10 bl <M4ng • 1 ,_. d 11h111Q11'1CY ~ ot ,.._. tt ~--.... -.
10. Thi lqlllOnn ,..,. 1111 hty 1111 lamilllr with CRS 1M301, It. MQ., (Briblty 1nd Com,c,t lnllulocn) and CRS 1M-t01. el aeq., (Abuse al Pubic
Officl), Ind lhat no Yiola1iDn d auctl pro'Mlona II pntMf1l
11 . Thi...,,_ ,..,..,.,10 lhlltknorwM!ciyl,noSi.-~ his any~orbwlelldlllmnll'IIIINIIOIYll'ln lhl NMCI or~drNcribed -
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APRIL 1980
Nondiscrimination Provisions :
In com pliance with Title YI of the Civil Right s Act of I 964 and wit h Section 162(a) of the Federal
Aid Hi ghwa y Act of I 973, the Contractor, for itself, its as signees and succe sso rs in intere st, agree as
follows :
A. Comuliance with Regulations . The Contractor will comply with the Regulations of the
Depanment of Transportation relative to nondiscrimination in Federally assisted programs of the
Depanm ent of Transportation (Title 49 , Code of Federal Regulations , Pan 21, hereinafter
referred to as the "Regulations"), which are herein incorporated by reference and made a pan of
thi s contract. ·
B. Nondiscrimination . The Contractor, with regard to th , work performed by it aft er award and
prior to co mpletion of the contract work, will not di scriminate on the ground of race , color, sex,
mental or physical hand icap or national origin in the se lecti on and retention of Subcontractors ,
includin g procurement of materials and leases of equipment. The Contractor will not participate
either direc tl y or indirect ly in the discrimination prohibited by Section 21 .5 of the Regulations ,
includin g employment practices when the contract covers a program set forth in Appendix C of
the Regulations .
Solicit atio ns for Subcontracts. Including Procurement of Materials and Equipment . In all
solicitations either by competitive bidding or negoti atio n made by the Contractor for work to be
performed under a subcontract , including procurement of materi als or equipment, each potential
Subcontractor or supplie r sha ll be notified by th e Contrac to r of the Contractor's obligations
under th is contract and the Regulations relative to nondiscrimination on the ground of race,
color, sex, mental or physical handicap or national origin.
D. In fo rmation 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 , reco rds, accounts, other sources of information and its facilities as may be determined by
the State or the FHW A to be pertinent to ascertain compliance with such Regulations , orders
and instru ct ions. Where any information required of the Contractor is in the exclusive
po ssessio n of another who fails or refu ses to furnish this information . the Contractor shall so
certify to lhe State, or the FHWA as appropriate and shall set forth what efforts have been made
to obtain the information .
E. Sanction s for Noncompliance . In the eve nt of the Contractor's noncompliance "ith the
nondi scrimina tion provisions of this contract , th e State shall impose such contract sanct ions as it
or the FHW A ma y determin e lo be appropriate , including , but not limited to :
I . Withholding of payme,,ts to the Contractor under the contract until the Contractor complies,
and/or ;
2. Can ce ll ation , termination or suspension of the contract , in whole or in pan .
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F. Incomoration of Provisions . The Contractor will include the provisions of paragraphs A through
F in every subcontract, including procurcmer., of materials and leases of equipment, unless •
exempt 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 Contractor becomes involved in, or is threatened with, litigation
with a Subcontractor or supplier as a result of such direction, the Contractor may request the
State to enter into such litigation :o 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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ADDENDUM A: FEDERAL REOUIREI\IENTS
Federal laws and regulations that may be appli •able to the Work include :
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments (Common Rule), 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 18 include, without
limitation :
I . the Local Agenc y/Contractor shall foll ow applicable procurement procedures, as required by
section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to
an y subcontra~ts in the manner, and to th e extent required by, applicable provisions of
section 18 .30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4 . to expedite an y CDOT approv al, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18 .30 change order procedures, and with
18 .36(d) procurement procedures, and with 18 .37 subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in
I 8.36(i) (which are also deemed incorporated herein) inio an y subcontract(s) for such
services as terms and conditions of those subcontracts .
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opporn.nity," as
amended by Executive Order 11375 of October 13 , 1967 and as supplemented in Department of
Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-l(jckback" Act (18 U.S.C. 874) as ~upplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
re!,'lllations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
and subgrantees when required by Federal grant program legislation. This act requires that all
laborers and mechanics employed by cuntractors or sub-contractors to work on construction
projects finan ced by federal assistance must be paid wages not less than those established for the
locality of the project by the Secretary of :..abor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as ~•Jpplemented by Department of Labor regulations (29 CFR Pan 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2 ,500 for
other contracts which involve the employment of mechanics or laborers).
-4 1-
F. Standard<, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S .C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738 , and
Environmental Protection Agency regt.lations (40 Cl'R Pan 15) (contracts, subcontracts , and •
subgrants of wnounts in excess of$ I 00 ,000).
G. Mandatory standards and policies rel ating to energy efficienc y which are contained in the state
energy conservation plan issued in complianc e 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 applicabl e.
I. The Hatch Act (5 USC 150 1-1508) and Public Law 95-454 Section 4728 . These sta ',utes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
orga:ti zation invol ved in the administration of federally-assisted programs .
J. 42 USC 6101 et seq. 42 USC 2000d , 29 USC 794 . and implementing regulation , 45 C.F.R. Part
80 et. seq .. These act s 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-
12111, 12131-12134, 12141-12150, 12161-12165 , 12181 -12189 , 12201-12213 47 use 225 and
47USC61I.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91 -64 6, as amended and Public Law 100-17 , 101 Stat. 246-256). (If the contractor
is acquiring real property and displacing households or businesses in the performance of this
contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 el seq.).
N. The Age Discrimination Act of 1975 , 42 U.S.C . Sections 6101 ~ and its implementing
regulation , 45 C.F .R. Part 9 I ;
Section 504 of the Rehabilitation Act of I 973 , 29 U.S.C. 794 , as amended, and implementing
regulation 45 C.F.R. Part 84 .
0 . 23 C.F .R. Part 172 , concerning "Administration of Engineering and Design Related Contracts ".
P. 23 C.F.R Part 633 , concerning "Required Contract Provisions for Federal-Aid Construction
Contr2.cts".
Q. 23 C.F .R. Pan 635 , concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Ac1 of 1973.
The requirements for which are shown in the Nondiscrimination Provisions, which are attached
hereto and made a part hereof.
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ATTACHMENT LO
Certllicatlon for Federal-Aid Contracts
The contractor certifies , by signing this contract , to the best of its knowledge and belief, that:
I . No Federal appropriated funds have been paid or will be paid , by or on behalf or the
undersigned , to any person for influencing or attempting to influence an officer or employee of
any Federal agency , a Member of Congress , an officer or employee of Congress, or an employee
ofa Menber of Congress in connection with the awarding of any Federal loan , the ent~ring into
of any cooperative agreement , and the extension , continuation, renewal, amendm ent, 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 ar.iempting to influence an officer or of Congress, or an err.ployee of a
Member of Congrtss in connection with this Federal contract, grant , loan , or cooperative
agreement , the undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to
Report Lobbying ," in accordance with its instructions .
T ius certi ti cation is a material representation of fact upon which reliance was placed when this
.ransaction was made or entered into . Submi ssio n of this certification is a prer equisite for making or
entering into this transaction imposed by Section 1352 , Title 31, U.S. Code. Any person who fai 1.s to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
th~n S 100,000 for each such failure.
The prospective participant also agree by submitting his or her bid ,'r proposal that he or she shall
require that the lan guage of this certification be included in all low« tier subcontrac.ts , which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
-4 3-
DIS ADV ANT AGED BUSINESS ENTERPRISE (DBE) • SECTION I. Polic y.
It is the policy of the Colorado Department ofTransportation (COOT) that di sadvan ta ged business enterprises shall
hav~ the maximum opportunity to participat e in the performance of contracts financed in whole or in part with Federal
funds under thi s agreement, pursuant lo 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the
Colorado Department of Transportation DBE Program (or a Local Agency DBE Program ~p proved in advance by the
State) apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of
Certification ?.I the Colorado Department of Regul atory Agencies have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement. In this regard , all participants or contrac tors shall talce all necessary and reasonable steps in accordance with
the COOT DBE program (or a Lo al Agency DBE Pro gram approved in advance by the State) to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts . Recipients
and the ir contractors shall not discriminate en the basis of race , color, national origin , or sex in the award and
performance of COOT assisted contracts .
PBE Program .
The contr;;c,,ir (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program ot'th,
Colorad o Department of Transpc talion, 198 8, as amended, and shall comply with the applicable provisions of the
;uogram . (If applicable).
A copy of the DBE Program is available from and will be mailed to the contractor upvn request:
Business Programs Office
Colorado Department ofTransportati0n
420 I East Arkansas Avenue , Room 287
Denver, Colorado 80222-3400
Phone: (303)757-9234
Required by 49 CFR Part 23.41
ADDENDUM 8: CONTRACT MODIFICATION TOOLS
The Loca l Agency and the State may use a Funding Lener in order to more expedit io usly change and amend the te4
of this co ntract , if such use is warranted by the circumstan ces as do sc ribcd and authorized therein .
44
U::de..-!his Contract, the Local, Agen cy has agreed to provide funding based on the terms as described herein as needed
to satis fac toril y perform and complete the work , subject to the avai lability of funding .
Funds are currently available and encumbered for the work in the amount specified above . However, the total cost to
c«aete the wo rk, and the resulting total funding amount(s) to be pro vided by the State and Local Agency in exchange
thR'or, as described in this Contract or otherwise made known lo the Local Agency, are only estimated .
If the parties determine that they have underestimaterl/overestim t!ed the total cost of the work, they have the right to
talce the following action :
to increas e/decrease the amount of available funds under this Contract.
In the event of this action, the State will notify the Local Agency thereof by Funding Letter. The Funding Letter will be
in a form substantially equivalent lo the form attached hereto, and it shall not be deemed valid until it shal l have been
signed by the Local Agency and approved by the State Controller or such assistant as he may designate .
•
45
COLOAAOO DEPARTMENT OF TRANSPORTATION
CONTRACT FUNDING II' ;REASE /DECREASE AND APPROVAL LITTER
Rogian : Completo section 1 and subm it to COOT Controller's offlce ,
AUTHORITY :
State Controller Polley letter on June 12 , 1996
COOT Controller letter on Ma 23 , 1996
(1 )This form to be used for the following contra c
_Indefinite quant !ty , order more /add more
_COOT construction, sum of CMO's
COOT construction underestimated total cost
, ,1tuatlons only (check the appropriate situation):
_utlllty/rallroad , underestimated total cost
_LA construction : underestimated cost
COOT consultant, underestimated cost
Ion use)
(2)
COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER)
Office : (5)
COOT has executed a contract with: (6)
Orgn .
(9)
Contract routing# (7)
Appro. Prgrm. Fune. Object /Sub-obj N/P GBL
(9) (9) (9) (9) (9)
Pro ect code 3)
Project II (4)
Phone # (5) FAX# (5)
COFR5 encumbrance • (lndlc.ale PO , SC or PC I) 181
Reporting Catg .
(9)
Proj/Sub /Phase
(9)
Has a Budget Request been processed to cover the contract amount Increase?
es no (14)
I Previous Funding Letter(s) total
I ~~)ltntrofl 1hN•_J
Preparer's name (1 S)
PHONE NO :
This Funding Letter total
I S (12) ,,~
I I Adjusted contract amount
S (13)
SECTION 2 (Controller's Office use) (19)
If construction : I _CE pool ellg. (19)
CE charges
S (19)
Contract Administrator's /Business Manager's Approval
(16)
COOT Oeslgnee Approval
(17)
Local Agency approval
(18)
Commission budget
S (19)
Indirect chgs
S (19)
PHONE NO :
Adjusted contract amount plus total CE & Indirect
ch arges calculation S (19)
I h~ve reviewed the financ ial status of the project, organization , grant and have determined that sufficient funds are available
I to cover this Increase. effective as of ___ .,_(l'-'9"->----------------,,---------i
State Controller or Oelegee
I <20>
46
Date
(20)
EXAMPLE A (Lwnp Sum , onlrllc ts) Exh ibit D, Page I of 5
·--Comp_any Na"1e-: Project No.
4J
Address : Proje ct Location
Emp loyer (FEIN) ID Number : Suba cc ount No.
Invoice Number and Date:
Progress Rcpo n Da ted:
% Completed : (I)
Current Billin g Period : From: To:
BASIC AND I OR SUPPLEMENT AL CONTRACT TOT AL : (2) s
Total Billed to Date : s
' J ess: Rctainagc {10% of billing not to exceed 5% of contract) s
Less : Prior Payments: s
Prior BiUing : S Less Retainage : S s
TOT AL CURRENT PAYMENT REQUEST: • s
(% To da1e ofDBE work : )
I certify that the billed amounts arc in agreement wich the contract terms :
.. ·•··· T,,, n ,_
"lo Completed ,; Contrac t To tal • Tota l Current Payment Requ ~st
II) X 12) -(•) •
47
EXAl',,fPLE B {Cost Plus Fixed Fee Co ntrr.cts) Exhlbil D, Paee 2 or S
Comoo.n v Nnme : Project No .
Address :
EIT11)l01·er {FEIN) [D Number : Project Loc:irion
lnvoice Number and O:ite :
Proeress Reoon Dated : Subaccount No . .,
% Cor,10l cted:
BASIC AND I OR SUPPLEMENTAL CONTRACT TOT AL s
Prior oeriod Billino. Amount : s
Current Billin~ Period; From: To :
DIRE CT LABOR : (List Individually)
Regular Direct Hourly Rate Overtime Cost
Enmlo yee Name Classifica 1io n Hours s Hours• s
Curre nt lb.is Period Total Amount to
Dnte IOntional)
Sub101al -Direct Labor s s
Indirect _(%) (as specified in contract) s s
OTHER DIRECT COSTS {In-House)
List individually -:It :icrual cost :is in final cos t proposal ; mileage (miles XS), s s
CADD (hrs .• Sl , eouio . rental {hrs .• Sl, etc.
SUBTOTAL (D IRECT LABOR. INDIRECT & OTHER DIRECT COSTS) s s
FEE (%) (As specified in the conuact) s s 11
OUTSrDE SERVICES {Subconsultants & Vendors) {List individually) s s
{To be in the same form:u -attach cooics)
% To Drue on DB E Work s s
Outs ide Services Management Expense (when applicable) s )
TOT AL CURREl'fJ' PERIOD : s s
TOTAL TO DATE : s $
LES S: Rctainage (10% or billing not to exceed 5% ofcontrac1) s s
LESS : Prior Payments s s
Prior Billing S Less Rcuinage S s s
TOTAL CURREl'fJ' PA YMEl'fJ' REQUEST s $
I cenify tha1 the billed amo unts :ire actual :ind in agrccmen1 \\ith the contract 1crms :
:>1gn:irurc llUe uatc
•Eligib le classificnrions onlv: in nccord3.Dce with contract
EXAMPLE C (Soecific Rates of Pov Con1n1c1S) E1hlblt D, P•RC 3 of 5
Conmanv Nome : Proj ect No .
Address :
Enmlovcr CFE!Nl ID Number: Project Locarion • Invoice Number ar 1 Dn 1e :
Pro,rcss Rcpan Dated : Subaccount No .
% Comolctcd :
BASI C AND / OR SUPPLEMENT AL CONTRACT TOT AL s
Prior Period Billin• Amount : s
Current Billino Pe riod : From: To :
PAY RATES : (List lndi vidllllllvl
Regular Ovcnimc Rate s of Pay Cost
Emolovcc Name Classification Hours How-s• S/Hours .. s
SUBTOTAL -PAY RATES : s
OTHER DIRE CT COSTS (In-House) s
List individuall y -at nctunl rates 11s in f1.D,,1l cost proposal; mileage (miles XS),
CADD (hrs . x S), eauio . rcn1ol (hrs . x S), CIC . s
SUBTOTAL (Pay Ra1es and Other Direct Ra1es)
OUTSIDE SERVICES (SubconsultanlS & Vendors) (List individually) s (To be in the sa me form.it -atta ch conics) • % To Date on DBE Work s
-Outside Services Management Expense (when applicab le) s
TOT AL CURRENT PERIOD : s
TOTAL TO DATE : s
LESS : Rctainagc (10% of billing not to exce ed 5% ofcoatra cl) s
LESS: Prior Payments s
Prior Billing S Less Rctatnage S
TOT AL CURRENT PAYMENT REQUEST s
I ccnify that the billed amounts arc 3ctual and in agreement with the contract tcnns:
Sigmturc Tille Date
•Eligible classilicarions only : in :iccordancc with contract
•• ln accordance with contrac t
•
49
EXAMPL ED 'Loco! A•enc• Billinol Date E1 hibit D, Pao• 4 of S
SECT ION I. CONTRACT DA TA
Loco! Agency: Project No .
Address : it Emp loyer (FE IN) ID Numb<r: Project Location
Invoice Number 11 nd Date :
% Cornp lc1cd : Subaccount N"o .
BA SIC AND/OR SU PP LEMENTAL CONTRACT TOTAL: s
Federal Share s
Local Agency Share s
State Share$
Pri or Period Billing Amount s
Current Blllin • Period : From: To:
SECTIO N II . INCURRED COSTS
DIRECT LABOR : (LiSI individua ll y)
Employee Cl11ssiticarion Regular Direct Hourly Overtime Cost
Name Hours Rates Hours • s
Cum:nt Total lo
SUBTOTAL-DIRECT LABOR Thi,,Period Date
BENE FITS % OF DIRECT LABQr, s s
OTHER DIRECT COSTS (In-House) s s 1t List individuall y-at acrual cost ;
Milea ge (mi les x S), CADD (hrs. x S), s s
Equip rental (hrs . x S), et c.
OlfTSID E SERVICES (Consultants & Veodors)
(Lisi individuall y) (To b< in this some formal-s s
attach co pies of im·oiccs)
TOTAL COSTS CURRENT PERIOD : s
TOTAL COSTS TO DA TE : s
SECTIO N Ill . BILLING
TOT AL BILL ING CURRENT PERIO D
L__ % OF TOTAL COSTS): s
Prior Billin g: s
I cc nify that the billed amounts arc actual and in agreement wi th the co ntract tcnra .
Sirnature Title Date
•Eli gi ble classifications only
50
EXAMPLE E /Fixed Multip lier Contracts) Exhibit D, P••• 5 or 5
I Comoo nv Name : Project No .
Address :
C'°loye r (FErN) ID Number: Project Location
voice Number an d Date:
Pro2ress Rcoort Dated : Subaccount No.
% Como lctcd :
BASI C AND I OR SUPPLEMENT AL CONTRACT TOTAL s
Prior Period Billin o Amount: s
Cunent Billine Period: Fro m: To :
PAY RA TES : (List Indi vid uall y)
Regul ar Certified Fixed Cos t
Em:,lo vec Name Clas sifica ti on Hours Hourl v Rotes Multiplier s
SUBTOTAL-PAY RATES : s
OTHER DIRECT COSTS (I n-House) s
List ind ivid uall y-at 11ctu:1 l rntc s as in final cos t proposa l; mileage (mi les XS),
CADD (hrs. x S). eoui p. renta l (hi,. x S), etc . s
SUBTOTAL (Pay Rate s ,nd Other Direct Rotes)
OUTSIDE SE RVI CES (S ubconsult1nts & Vendors) (List individuoll y) s fTo be in the same fonna.1 -attac h copies) • r'• To Dot e on DBE Work s
Outside Services Mana gcmcn 1 Expcmc (when applicable) s
TOTAL CURRENT PERIO D: s
TOTAL TO DATE : s
LESS : Rcl3inagc ( 10% of billing not to c:,c.c ced 5% of contruc t) s
LESS : Prior Payme nts s
Prior Billing S Less Rel3inagc S
TOT AL CURRENT PAYMENT REQUEST s
I certify tlmt the billed amounts are actua l and in agreement with the co ntract te nns:
Signnture Title Date
Date
October 7, 2002
INITIATED BY
Departm en t of P:i blic Works
COUI ICIL COMMUNICATION
Agenda Item
10 a ii
Subject
IG A w ith COOT for Belleview Ave.
Sidewa lks
I
STAFF SOURCE
Ken Ross, Directo r of Pu bli c Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Resolution No. 3, Series 1996, Resolution No. 78, Se ri es 1999, and Reso luti o n No. 43,
Series 2002, auth ori zi ng th e City to apply fo r Federa l fun ds und er th e Tran sportati o n Equity Act for the 21 "
Century (TE A-2 1).
RECOMMENDED ACTION
Staff recommends Co uncil approval of a Bill for an Ordinance to enter into an ag ree ment w ith th e
Colo rado D epa rtm ent of Transportation . Thi s agreement covers financial commitments related to th e
des ign and constru ction of "Belleview Ave. Sidewalks".
BACKGOUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
West Belleview, be tween Fede ral and Lowell , is iden ti fie d In th e City's "S id ewalk Missing Links ".
In stall ation of sidewa lk s al thi s locati on is desirab le for th e safety and conven ience of pedestri ans.
In 1996, th e City of Englewood rea li zed th e potential to rece ive fede ral funds for th is project. Staff
prepared applica tions and Council ap proved submitting to th e D enve r Regional Council of G overnm en ts
(DRCOG) to include thi s proj ec t in th e Transportati on Im provement Pr ogram (TIP). Ba se d on th e criteria
us ed by DR COG, the projec t did not sco re high enough to be includ ed in th TIP at that tim e. Th e City
continued to re-app ly fo r th e project ove r th e following two TIP cycles and DRC O G agreed (regardless of
th e score) l o include th e project for funding in FY 2003. Amending our application in any way would
requi re th e project be thro w n ba ck into th e pool to compete.
Th e project cos t es timate and scope of work 11se d in 1996 were not adjusted. Originally, th e to tal estim;.ied
cost was $140,000. Th e Federa l share remains at th e 1996 program med amount of $1 12,000. Enp,lewcod
is responsibl e for all cos ts above th e o ri ginal es timat e. Th e total es timated proj ec t cos t is now $192,000
and Engl ewood's match is now es timat ed al $80,000.
Th e propos ed intergovernm en tal agree ment ad dres ses cost s associa ted wi th design and constru cti on of the
proj ec t. Des ign will commence i n late Octo ber 2002 w ith co nstructi on anti ci pated during th e summer of
2003.
FINANCIAL IMPACT
The fed eral parti cipa tion tr,wa rd s th e Bell ev iew sidewalk s is $11 2,000. Englewood's match is es timated at
$80,000.
Adequate funding is b ei ng programm ed in th e "Sidewalks M issing Lin ks" budget in the Public Improvement
Fund.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental agreement