HomeMy WebLinkAbout2002 Ordinance No. 049•
ORDINANCE NO . 11.
SERIES OF 2002
BY AUTHORITY
COUNCIL BILL NO . 49
INTRODUC ED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN AGREEMENT WITl i 1 !E COLORA DO
DEPARTMENT OF TRANSPORTATION FOR DESIGN A'-1) CONSTRUCTION OF
SIC>EWALKS ON SOUTH UNIVERSITY BOULEVARD IN fHE CITY OF
iNGLEWOOD, COLORADO .
WHEREAS, the area on South University !10 11!:v •r< ,,c twc en U.S. 285 and
Cornell within the Eng lew ood City limit s arc identi ,•d in 1h : City 's "Sidewa lk Missing Links"; and
WHEREAS , installation of sidewalks at this location is de sirab le for the safety
and co nvenien ce of p::des trian s; and
WHEREAS, City Co un ci l applied to Denver Regional Council of Go vc rn rnc11 :·
(Dl{COG) 10 include thi s project in th e Transponation Improvement Progru,n r r:rt · and
WHEREAS , DRCOG agreed 10 include th e projects for funding in 2003; and
WHEREA .,, the Federal share fo r this project is $ I 16 ,000 and the City of
Englewood's share would be $100,000 .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COl.jNCIL OF THE
CITY OF ENGLEWOO D, COLORADO , AS FOLLOWS:
~. The City Council for the City of Englewood , Colorado , hereby app:·ov es
the TransponJtion Enhancement Cor. trac t betwe en The Colorado Departm ent of
Transponation and the City of Englewood, Stale of Colorado, a copy of which is
auachcd heret o and incorporated herein by reference .
~-The Mayor is authorized 10 sig n and the City Clerk 10 a11es1 the
Transportation Enhancement Contract for and on behalf of the City of Englewood ,
Colorado .
Introdu ced, read in full and pas sed on first readi ng on the 7'h d,y of October, 2002 .
Published as • Bill fo r an Ordinance on the I Ith day of Octcbcr, 2002 .
Read by title and passed on final reading on the 2 I ST day of October, 2002.
-l-
Published by titl e as Ordinanr.c No.t./-7, Series of 2002, on tac 25 '' day of
October, 2002 .
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Co!,;rado , hc rn by
certify that the above and foregoing is a true co)}~ of the Ordinan assed "" final
rending and published by title as Ordinance No .'CJ..., fiories of
•
•
-2-
• (FMLA WR.KENH)
PROJECT# STE M395 -004, SUBACCT 12744
REGION 5/(bkr)
TRANSPORTATION ENHANCEMENT CONTRACT
02 HA6 00083
CMS : 02-227
THIS CONTRACT, made this __ day of ____ ~ 20_ by and between the
State o f Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and CITY OF
ENGLEWOOD, STATE of COLORADO, 1000 Englewood Parkw ay, Englewood , CO, 80110,
FEIN: 846000583, hereinafter referred to as the Local Agency, or the contracto r.
FACTUAL RECITALS.
1. Authority exi sts in the law and funds have been budgeted, appropriated and oth erwise
made available and a sufficient unencumbered balance thereo f remains available for pay,nent of
• project and Local Agen cy costs in Fund Number 400, Appropriation Code 010, Organi zation
Number 99 9 1, Program 2000, Functions 3020, 3301 & 3404, Object 23 12 IP, Phases D, C & M,
Reporting Category 6240, Contract Encumbrance Number 12744, (Contract Encumbrance
Amount: $145 ,000.00).
•
2. Required approval , cl earance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st
Century of 1998 (TEA-21) and to applicable provisions ofTitle 23 of the United States Code and
implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended ,
(collectivel y referred to hereinafter as "the federal provisions"), certain Federal funds have been
and will in the future be , allocated for hi ghway proj ects requested by Loc al Agencies and eligible
under the Surface Transportation Program that has been proposed by the State and approved by
the Federal Highway Administration (FHWA), hereinafter referred to as the program .
-1-
4. Pursuant to§ 1007(a) ofTEA-21, at 23 U.S.C. § 13 3(d)(2), certain Surface
Tran s portatio n Project funds are made available only for eligible l'Transportation Enhancement
Activities", as defined in § 23 U.S.C . § IOl (a), and thi s contract provides for the performance by
the Local Agen cy of a project for an eligible Transportation Enhancement Activ ity .
5. Pursuant to § 43-1 -223, C .R.S. and to applicable portion s o f the federal provisions , the
Sta,e is re s pon s ible for th e ge neral administration and supervision o f performance of projects in
th~ program . including the admini stration c,f federal funds for a program project performed by a
local agency under a contract with the State .
6. The Local Agency has requested that a certain local hi ghway project be fu nded ·,,. pru t of
the program as a Trans p011ation Enhancement Activity, and the Local Agency Re presents that the
proj ect is an eli gible Transportation Enhancement Activity as defined in 23 U.S.C. § I0l(a), and
by the date of exec uti o n of this contract the Local Agency (and/or the State) has. comfi let.e d ~nd
submitted a preliminary version of CDOT form #463 describing the general nature of ,.itat proj,·,:t
work. The Local Agenc y understan ds th at, before th e project work is actually started, the
description of the project work in that CDOT form #463 will li kely be revised as a resu lt of
•
de s ign changes made by CDOT, in conjun ction and coordination with the Local Agency, in its •
internal rev iew process. The Local Age ncy de sire s to agree to perform the project work as
desc ribed in th e Form #463 , as it may be rev ised in that Process.
7. Federal -ai d funds have been made available for project, STE M395-004 for iJNJil tation of
5' wide sidewalk alon g th e wes t side of South Uni versity Blvd., from Dartm'1•1th to Us 285 , as
more specifically de sc ribed in Exhibit A (the Form #463 and/or a "Scope of Work"), in,
Englewood, Colorado, herein aft er referred to as "the project" or "the work".
8. The mat chin g ratio for thi s fed eral-aid project is 80% federa l-aid fund s to zr · ~ !..ocal
Agency fund s, it be in g understood that suc h ratio appli es onl y to such cosr £ as are eligib le for
federal participation , it being further understood th at all nJ r.-parti cipati ng costs shall be borne by
the Local Agenc y at I 00%.
9 . The Loc al Agency desi res to compl y with th e. federal provi si ons and other applicable
requirement s. in cludin g the State's gene rJI admini stration and supe rv ision of the project through
thi s contrac t, in order to obtain federal fu nd s fo r the project.
-2 -•
10. The Local Agency has estimated the total cost of the Work and is prepared to provide its
• match share of the cost , as evidenced by an appropriate ordinance or resolution duly pas sed and
adopted by the authorized representatives of the Local Agency, which express ly authorizes the
Local Agency to enter into this contract and to exp end its match share of the Work . A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
•
•
11. This contract is executed un d!r the autho ri ty of §§ 29-1-203, 43 -1-110, 43-1-116 ,
43-2-101(4)(c) and 43-2-144 , C.R .S., as amended , and the Local Agency ordinance/resolution .
12 . The parties hereto desire IQ agree upon the division of responsibilities ~•ith regard to the
project.
13. The Local Agency is adequately statfod and suitabl y equipped to undertake ar,d
satisfactorily complete some or all of the Work .
14. The State certifies that such work can ~~ more advantageously performed by the Local
Agency.
NOW, THERE FOR\;, it is he~ooy agreed that:
I. STANDARD FORM CONTRACT
This is a standard form contract that is designed to efficiently contrac t fo r and administer 2 types
of program projects : 1) program projects which include the same basic wo rk elements (design;
constniction; constniction administration by local agency; right-of-way; utilities; etc.); and, al so,
2) program projects with specific differences in those basic work elements ~ a spec ific
project may include design but no construction , or it may include design and construction but the
State will do the construction administration, etc .)
The form contract acc ommodates both types of projects by using qualifyin g language to
condition the application of particular contrac t requirements, based on whether specific work
elements are included in the project. For instance, where the contract provides ... "If the Wo rk
includes engineering/design services, the Local Agency shall perform the following requirements
... ", the Local Agency need perform those requiremen ts only if engineering/design services are
expressly included in the project , as defined in the Scope of Work. (Converse ly, notwithstanding
-3-
that language is in the contract , the Local Agency can ignore those "requirements " if
engineerin g/design services are tfQI express ly include,! in the Sc o pe of Work .) •
The Local Age nc y shall interpret such qu alifying language in that manner. By using such
language, the form contract can apply to both the general and th e s pecifi c types of projects, thus
making it eas ier to administer and savin g the St at ' and the Local Agency time and expense .
IJ. PROJECT DESCRIPTION
"The project " or "the Work" under (hi s contract shall consi st o f n .~ wide sidewalk alon g the we~L
s ide of South Univer;ity Bl vd., from Dartmouth to US 285 . ':1 Englewood, Colorado . as more
s pecificall y de scribed in Exhibit A, attached hereto and made a part hereof (the Form '!463
and/or a "Scope of Work") as it may be revised by the parties in 1! .• , design review process before
the project work is actually started.
III. INCORPORATION BY REFERENCE:
All federal and state starutes, re gulations, sr e ;i!i cati o ns , admintstration checkli sts , directives ,
procedure s, docur,1ents , and publication s that are s~ecifically identified and/or referenced in this •
contract , to gether with all exhibits and attachme nts and addenda to this contract, are inc o rporated
herein by thi s reference as terms and condition s of thi s contract as though full y set forth .
IV . WORK RESPONSIBILITY
The Loc al Agency shall be responsible to perform (all design and/or right-of-way and/or utility
and/or construction and/or con struction administration tasks required to complete) the Work, and
the Local Age ncy shall compl y with all applicable terms and conditions of thi s contract in
performing the Work. including th ose process and task responsibilities and standards as
s pecific all y indicated in the Pre-Construction and Construction Admini stration Checklists
attached hereto and made a part hereo f. The res pon sible party sh all pe rform all such tasks in
ac cordanc e with applicable requirement s and standards, includin g th ose in thi s contract and in
applic able law.
•
V. PROJECT FUNDING PROVISIONS
• The funding provisions for the project are attar,hed hereto and incorporated herein as Ex hibit C.
•
•
VJ. TRANSPORTAT IO N ENHANCEMENT ADVANCE PAYMENT PROVISIONS
The advance paym ent pro visions described herein shall app ly only to a percentage of the
construction work portion of an enhancement 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 des cribed below .
A. Pursuant to FHWA 's approval und er 23 U.S.C . § 133(e)(3)(B), the State will provide an
ad vance paym ent up to a ma.ximum percenta ge of the total arr.ount for U1e con struction
port:o n of tran sport ation enhancement proj ect ac ti vi ti es, in accord with the fellowi ng
procedures.
1. the State will provide advance payment to ti seal Age ncy of 70 % of the fedr;ral
funds budgeted and a·,ailable for the c ns 1c l!or. of this transportation
enhancement project , in accord with 23 U.S.C . § 13 3(e)(3)(B and as described
2.
herein .
th e Local Agency sha ll submit the following to the State representative identifi ed
in sectio VII, after execution of tlL s Contract:
a) a financial statement for the construction of the project; and
b) an invoice for advance payment 'l f 70% of the federal fuuds budgeted and
availab le for the construction of the project.
3. Aller receipt of such statement and invoice, the State will issue a warrant to the
Local Agency in the amount of tJ:e a?pr,Jve d advance payment of construction
project funds , subject however to the prioc performance of the foll owing : A) the
satisfactory co mpletion of the design of the project ; B) the State approving the
Lo cal Agenc y's construction contrac t; and C) the State issuing to the Local
Agency a Notice To Proceed with the construction of the project.
4. the advan ce d funds shall be used by the loc al age,:cy onl y for the performance of
the construction wo rk of the proj ec t. Upon receipt of the notice to proceed from
-5 -
the State, the Loca l Agenc y shall proceed expeditiously 10 start the construction
work and prosecute it diligently to completion . If for any reason the local agency
does not start the construction work within 120 days of receipt of the notice to
proceed, or if the Local Agency starts the construction work but discontinues or
abandc-ns performance before completion, th e Local Agency shall remit to the
State all !ederal funds reimbursed or advanced by the Stat e for th ' project not later
than 30 days after the 120th day , or after the date the Local .' gcncy
discontinues/abandons performance , as applicable .
5. When the Project construction work 1s co mplet ed , 1h~ i..,.'<"41 .-11.:~cy sha ll submit
to the State all required paperwork for that construction ,.,., . ·ogrther with a
final statement of costs for that construction work and a billii1g for th e remaining
30¾ of the federal funds budgeted and available for the Project co nstruction work .
The State shall not reimburse the Local Agency the remaining 30¾ 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 review and
approval of such charges, subject to the terms and conditions of this contract. The Local
Agency will prepare and submit to the State monthl y charges for costs incurred relative to
the design , and work portions of the project. Provided , however, that charges incurred by
the Local Agency prior to the date of FHW A authorization for the project and prior to the
date this contract is executed by the State Controller or his designee will not be charged
by the Local Agency to the project, and will not be reimbursed by the State , absent
specific FHW A and/or State Controller approval thereof.
C. TI1e State will reimburse the Local Agency's reasonable, allocable, allowable costs of
p~rformance of the Work, not exceeding the maximum total amount described in Exhibit
C. The applicable principles described in Title 49, Cod~ of Federal Regulations , Part 18
(the "Common Rule"), Subpart C ("f;nancial Arlrninistrati0n"), including 49 C.F.R .
-6-
•
•
•
•
•
18 .22 , shall gc,vem the allowability and allocabilil) .,r co sts under this contract. The
Local Agmcy shall C()•n ply with all such principles. T be digible for reimbursement ,
costs by the Local Agenc y shall be :
I. in accorc!nn·, with the pro vis ions of Exhibit C ano .v,th the tenns and condition s
of the contract.
2. necessary for accomplishment of the Work .
3. reasonable in amount for the goods and services provi ded .
4. actual net cost to the Local Agency (i.e., the pri ce p&id minus any refunds , rebates ,
or other items of va lue received by the Local Agenc y that have the effect of
reducing the cost actually incurred).
5. incurred fo r Work perfonned subsequent to the e;"rec tive date of this contract.
6. satisfactorily documented .
D. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards (a separate set of accounts, or as a separate
and integral part of its current accounting scheme) to !ISSurc that project funds are
expended and costs accounted for in a manner cons istent with this contract and project
objectives .
I . All allowable costs charged to the proj ec t, inc ludin g any approved services
contributed by th e Local Agency or others, shall be supported by prop erly
executed payrolls , time records , invoices, contracts or vouchers ev id encing in
detail the nature of the charges .
2. Any check or order drawn up by the Local .. gency, including any item which is or
will be chargeable against the project accow,t shall be drawn up only in
accordance with a properly signed voucher then on file in the office of the Local
Agency, which will detail the purpose for which said check or order is drawn. All
checks, payrolls, invoices, contracts, vouchers , orders or other accounting
documents shall be clearly identified, readily accessible , and to the extent foasible,
kept separate and apart from all other such documents .
-7-
E. Upon execu ti on of th is co ntract th e Stale is authorized, in its discretion, 10 perform any
necessary administrative su pp ort services pursuant to this contract. These services may be
performed prio r to and in preparation for any co!'lditions or requirements of this contract,
including prior FHW A ap pro va l of project work. The Local Age ncy unde rstands and
agrees that U1 e State may perform such services, and that payment for such services shall be
at no cost to the State but shall be as pro vi ded in Ex hibit C. At th e req uest of th e Local
Agency, the State sha ll also provide other assistance pursuant to this contract as may be
agreed in wri ting. In th e event that federal-aid project funds remain ava il ab le fo r payment ,
the Local Agency und erstands and agrees th e costs of any such services and assistance shall
be paid to lhe Stat e from project funds at the applicable ra te. Ho weve r, in the event that
suc h funding is not made available or is wi thdrawn for this contract,~. if the Local Agency
terminate s this co ntract prior lo project approval or co mplet ion for any reas on, th en all
actua l incurred costs of such servic es and assistance provided by the State shall be the so le
expense of the Lo cal Agency.
F. lfthe Local Agency is to be billed for CDOT incurred direct costs, the billing proc edure
shall be as follo ws:
l . Upon receipt of each bill from the St ate , the Loca l Age ncy will remit to the State
the amount billed no later than 45 days aft er rec eipt of each bill . Sh ould the Local
Agency fail to pay moneys due the State within 45 days of demand or within such
other period as may be agreed be twee n the part ies hereto , the Local Agency agrees
that at the request of the Stale , the Stale Treasurer may withhold an equal amount
from future apportionments due the Local Agency from the Highway Users Tax
Fund and lo pay such funds directl y lo th e State . Interim funds, until the Stale is
reimburs ed, shall be paya ble from the State Highway Supplementary Fund (400).
2. If the Loca l Agency fai ls lo mak e timel y paymen t to the State as req uired by this
section (withi n 45 days after the date of eac h bill ), the jf,cal Ag'"CY shall pay
interes t to th e State at a rate of one perc ent per month on the an10U/\I of th~
paym ent which was not made in a time ly mann er, until th e billing is pai d in full.
-8-
•
•
•
The interest sha ll accrue for the period from the requi red payment date to the da te
• on which paym ent is made.
•
•
G . The Local Age ncy will prepare and submit to the State monthly charges for costs incurred
rel ative to th e project. The Local Agency's in voices shall include a de scription of the
amounts of servic es performed , the dates of performance and th e amounts and description
of reimbursable expenses. The in vo ic ~s will be prepared in ac cordance with the State's
standard policies, proc edures, an d standardiz ed billing format attached hereto and made a
part hereof as Exhibit D.
H. To be c,,nsidered for payment , billings for payment pursuant to this contract mus t 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 da ys 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
liability of the State, at any time, for such payments shall be limited to the amc unt
remaining of such encumbered funds .
2 . In the event thi s contrac t is terminated, final payment to the Local Agency may be
withheld at th e discretion of the State until completion of fin a l audit.
3. Incorrect payments to the Local Agency due to omission , error, fraud , or
defalcation shall be recovered from the Local Agency by deduction from
subsequent payment under this contract or other contracts between the State and
Local Agency, or by the State as a deb t due to the State.
4 . Any costs incurred by the Local Agen ~y that are not allowable under the Common
Rule shall b e reimbursed by the Local Agency, or offset against current
o bli ga ti ons due by th e State to the Loc al Agency, at the State 's election .
VIl. STATE COMMITMENTS
A. The State wi ll provide liaison with the Locai ·-e ncy thro ugh th e State's Region Direclc>r,
Region 6, 2000 South Holl y Street, Denve r, Colorado 80222, Telephone (303)-757-9251.
S?id Region Direc tor will also be responsibl e for coordinating the State's activities under
-9-
this contrac t. Said Region Director will also issue a "No ti ce to Proceed" to the Lo cal
Agenc y for co mmencem ent of the Work. All communication relating to the day-to-
day activities for the work sha ll be exchanged between represent atives of the State's
Transpo rt ation Region 6 and the Local Agency. Until changed by notice in writing, all
ro utine correspondence sha ll be add ressed as follows:
lfto Stale:
Kevin Hsu
COOT Region 6-Des ign
2000 South Holly Street
Denver, CO 80222
(303) 757 -9931
lfto Slate:
Ron Buck
COOT Re gion 6-Co nst.
8833 S. Wadswo nh Ct.
Littlet on, CO 80128
(303) 972-9 11 2
lf to the Lo cal Agency:
Dave He nderso n
City of Engl ewood
1000 Englewood Parkway
Engl ewood, CO 80\ l 0
(303)-762-2506
B. The Slat e will ad vance/reimbu rse the Local Agency for the federal-a id share o f the
project charges, as pro vid ed in Exhibi ··.
C. If th e Work includes const ruction , th ~ -~late , at its discretion, will rev iew construction
plans, specia l provisions and estimates ..nd will ca use th e Local Ag~ncy to make those
chan ges therein that th e Slate detennines are nece ssary lo ass ure compliance with State
and FHW A requirer,1en1S .
D. Th e State will perfonn a final proj ec t inspection prior to proj ect acceptance as a Qu ality
ControVAssurance acti vity . When all project work has been satisfactorily comp leted , th e
St ate will sign the FHWA fotm 12 12.
VIlI . LOCALAGENCYCOMMITMENTS
A. DES IGN .
I. lf "th e Work" includes prelimin ary design , or final design (a.k.a . "construction plans"), or
de sign wo rk sheets , or spe cial pro vis io ns and estimates ( collectively referred to as "th e
Plans"), the party that is re spo nsible under Section IV (either the Local Age ncy or the
State) for the Plansldes ign shall comply with the following requirements, as applicable :
1. perfonn or provide the Plans , to the extent required by the nature of th e Work.
2. prepare fi nal design ("co nstructio n plan s") in accord with the requireme nts of the
latest edition of th e American Associatio n of State Highway Transportation
Gf!!r.i als (AASHTO) manual.
-10-
•
•
•
•
•
•
3 .
4.
s.
6.
7.
8.
prepare spec ial provisions and estimates in accord with the State's Roadway and
Brid ge Design Ma. .uals and Standard Specifications fo r Road and Bridge
Construction.
include details of any required detours in th e Plan s, in order to prevent any
interference of the construction work and to protect th e trave lin g public .
stamp the Plans produced by a Colorado Registered Pro fessional Engineer.
provid e final a~sembly of th e Plans and contrac t documents .
be responsible for the Plans b~ing accurate and complete.
Make no further changes in the Plan s following the award of the construction
contract except by agreement in writing between th e parti es. The Plans shall be
con si dered final when appro ved and accepted by the parties hereto , and when final
they shall be deemed incorporated herei n.
II . [f the Local Agency is the responsible party :
I . It shall afford the State ample opportuni ty 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 , ho wever, that if federal-aid
funds are to participate in the cost of such work to be done by a consultant , the
Local Agency shall ensure that its procurement of that consultant contract (and the
performanc e/provision of the Plans under that contract) complies with all
applicable requirements of Tit!~ 23, Code ofFederal Regulations (CFR), Part 172,
(concerning the Administration of Engineering and Design Related Service
Contracts), and with any procedures implementing those requirements as provided
by the State , including tho se described in Anachment #I, which is incorporated
herein by this reference , Those requirements and procedures include, without
limitatio n:
a) it shall (or its contractor shall) submit an y consu ltant subcontract to CDOT
for approval prior to its execution by the Local Agency/Contractor, as required by
§ 172.5 (d);
-11-
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 be submitted 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 var )ous methods of contract payment are attached hereto as
Attachment 2;
d) it sball (or its contractor shall) also use the COOT procedures as described
in Attachment #1 to administer that design consu ltant subcontract, to comply with
§ 172.S(b) and (d);
e) it may expedit~ any COOT approval of its procurement process and/or of
its consultant contract by submitting a letter to COOT from the Local Agency's
attorney and/or authorized repres en tative certifying compliance with those COOT
•
Attachment #1 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 provis ions as well as the foll o wing
language which shall be included verbatim :
I) "The design work under this contract shall be compatible with the
requirements of 4 separate contract betwe~n the Local Agency and the
State (which is incorporated herein by this reference) for the
des ign/construction of the project. The State is an intended third party
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 a~sist
the State in the eval uation of co nstruction and the resolution of
construction problems that may arise during the construction of the
project."
-12 -•
•
•
•
3) "The consultant shall review the construction contractor's shop
drawings for conformance with the contract documents and compliance
with the provisions of the State's publication, "Standard Specifications for
Road and Bridge Construction", in connection wi th this work."
B. CONSTRUCTION .
I. If "the Work" includes construction, the party that is responsible under Section for the
construction/construction administration IV (either the Local Agency or the State) shall
perform the construction in accordance with the approved design plans and/or administer
the construction all in accord with the project's Pre-construction and Construction
Contract Administration Checklists. Such administration shall include project inspection
and testing; approving sources of materials; performing required plant and shop
inspections ; documentation of contract payments, testing, and inspec~on activities;
preparing and approving pay estimat~s ; preparing, approving, and securing the funding
for contract modification orders (CMOs) and minor contract revisions (MCRs);
processing contractor claims; construction supervision; and , meeting the Quality Control
(QC) requirements of the FHW NState stewardship pro~am. all as more full y described
in the project's Pre-construction and Contract Administration Checklists.
a. If the Local Agency is the responsible party, it shall:
I. appoint a qualified professional engineer, licensed in the State of Colorado, as the
Local Agency Project Engineer (LAPE), to perform that administration. The
LAPE shall administer the project in accordance with this agreement , the
requirements of the construction contract, and applicable State procedures . The
LAPE may be an employee of the Lo cal Agency or may be a consultant. If th e
LAPE is an employee of the Local Agency, the LAPE shall be in responsible
charge of the construction of the project (as provided in § 12-25 -102 C.R .S . as
amended), notwithstanding any exception described in § 12-25-103, C.R .S., as
amended.
2. if bids are to be let for the construction of the project , the Loc al Agenc y shall in
conjunction with the State advertise the call for bids and upon concurrence by the
-13-
State award th e construction contract(s) to th e low responsive, responsible
bidder(s).
a) In advertising and awarding the bid for the construction of a federal-aid
project, the Local Agency shall comply with applicable requirements of23 U.S.C .
§ 11 2 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 relevant to this contract, is attached) verbatim into any
subcontract(s) for tl ,ose services as terms and conditions thereof, as required by 23
CFR633.102(c).
b) The Local Agency has the option to accept or reject the proposal of the
low bidder for work on which competitive bids h,,, e been received . Th~ Local
Agency mu st declare the accoptance or rejection at l:ic award conference or within
3 working days after said bids are publicly opened, whichever occurs later.)
c) By indicating its concurrence in such award at the award conference, the
Local Agency acting b~• or through its duly authorized representatives, agrees to
•
provide additional funds, subject to their availability and appropriation for that •
purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project.)
3. if all or part of the construction work is to be accomplished by Local Ag,,ncy
personnel Ci&, by "force account"), rather than by a contractor pursuant to a
contract with the Local Agency, the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State
specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Fore~
Account Construction".
a) Such work will normally be based upon estimated quantities and firm unit
prices agreed to between the Local Agenc}, the State and th e FHW A in advance
of th e Work, as provided for in § 635 .204(c). Such agreed unit prices shall
constitute a commitment as to the value of the Work to be performed.
b) An alternative to (a) is that the Local Agency may agree to partic ipate in
-14-•
•
•
the Work based on actual costs of labor, equipment rental, materials supplies and
supervision necessary to complete the Work . Where actual costs are used,
eligibility of cost items shall be evaluated for complianc e with Federal
Acq ui si tion Regulations (FAR), 48 C.F.R. Part 31.
c) Renta l rates for publicly owned equi pment will be determined in
accordance with § 109 .04 of the State's "Standard Spec ificatio ns for Road an d
Bridge Construction".
d) All force account work shall have prior approval of the State and/or
FHW A and shall not be initiated until th e State has issued a wrinen noti ce to
pro ceed .
C . ROW ACOUI SITION/RELOCATION .
I. If "the Work" includes right of way ac quisition an d/or relocation, the party that is
responsible under Section IV (either the Local Agency or the State) for the right of way
acquisition and/or relocation shall comply with the following requirements, as applicable:
I. pr epare right-of-way plans that comply with Cha pter of th e COOT Right of Way
Man ual and Federal-Aid Policy Guide (FAPG) Chapter I, Subchapter G, Part 630
Subpart B Anachment. The Local Agency will be responsible for right of way
plans changes that are necessary to assure compliance with State and FHW A
requi rements .
2. be responsib le for the plans being accurate and complete .
0 . If th e Local Agency is th e mponsible party it shall:
I. perform its project right of way res ponsibilities in accordance with the COOT
Right of Way Manual , subject to the following conditions for compliance with 23
CFR 710 and 23 CFR 7 12:
a. submit fi nal right of way plans to COOT and obtain COOT approval
thereof before starting appraisals for right of way acquisition.
b. not perform appraisal re view of parcels valued ove r $5,000 .00 . Such
appraisal review will be the State 's responsibility.
-15-
c. obtain authorization from CDOT subsequent lo appraisal review before
undertaking negotiation activities.
d. submit all admini strative settlements proposed by th e Local Agency lo
CDOT, and obtain CDOT approval th ereof, before executing the purchase
agreement.
e. perfonn :.ppraisal and acquisition for the project, as required by§ 24-56-
101, et seq ., C.R.S. However, if the Stale detennines that such perfonnance by the
Local Agency will jeopardize or is jeopardizing distribution of federal assistance
funds , or that action by the State is necessary to comply with federal policy or
procedures, then the State, in its discretion , may perfonn the acquisition and
relocation assistance itself or may supervi se and direct the Local Agency in the
perfonnance of such acquisition and assistance. Prior to talcing such action, the
State will provide written notice to the Local Agency of the basis for such
detennination or action and will meet with the Loca l Agenc y to discuss possible
remedial measures .
f. certify in writing to the State prior to the project being advertised for bids
that all right of way has been acquired in accordance with lhc applicable State and
Federal regulations, or that no additional right of way is required . Th~ "'Check
Points for Federal Panicipation in Right of Way Acquisition and Relocation" is
attached hereto and made a pan hereof.
D. UTILITIES .
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 lhe Local Agency and the utility, if necessary. Prior to this project being
advertised for bids, the Local Agency will certify in writing to the State that all such
clearances have been obtained.
E. RAil..ROADS .
In the event the project involves modific atio n of a railroad company's facilit ies at a
railroad grade cro ssing wh ereb y th e Work is lo be ac compli shed by railroad company
-1 6-
•
•
•
•
•
•
F.
forces , the Local Agency shall make timely application to the State Public Utilities
Commission requesting its order providing for the installation of the propos ed
improvements and not proceed with that part of the work without compliance . The Local
Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 Code of Federal Regulations 646, Subpart B,
co ncerning federal-aid projects involving railroad facilities, including :
I. Exec uting an agreement setting out what work is to be acc omplished and the
locatio n(s) thereof, and that the costs of the improvement shall be eligible for
federal participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work .
3. Establishing future maintenance responsibilities for the proposed installation.
4. Prescribing future use or dispositions of the proposed improvements in the event
of abandonment or elimination of the grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation .
ENVIRONMENT AL.
The Local Agency shall perform all work in accord with the requirements of current
federal and state environmental regulation, inclu ding th e National Environmental Polic y
Act of 1969 (NEPA) as applicable.
G. RECO:W KEEPING.
I. The Local Agency shall maintain all books, documents , papers, acc ounting records and
other evicience penaining to costs incurred and to make such materials available for
inspecti on at all reasonable times during the co ntract period and for 3 years from the date
of final payment to the Local Agency. Copies of such records shall be furnished by the
Local Agenc y if requested .
II . The Local Agency shall, during all phases of the Work, pennit dul y authorized agents and
employees of the State and the FHW A to inspect the project and to inspe ct, re view and
audit the project records .
H . MAfNTENANCE.
-17-
The Lo cal Agency will maintain and operate the imerovements constru cted under this
contract, at its own cost and expense during their useful life, in a manner satisfactory to
the State and FHW / and will make ample provision for such maintenance each year.
Such maintenance ?Jld operations shall be in accordance with ai I applicable statutes and
ordinances, and regulations promulgated thereunder, which deline the Local Agency's
obligation to maintain such improvements. The State and FHWA will make periodic
inspections of the project to verify that such improvements are being adequately
maintained .
I. FEDERAL REQUIREMENTS .
The Local Agency/Contractor shall at all times during the execution of this contract
strictly adhere to, and comply with, all app li cable federal and state laws, and their
implementing regulations, as they currently exist and may herea fter be amended, 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 permitte~ :inder this contract. A li sting of some of the federal and state laws
•
that may be applicable, depending on the Local Agency/Contractor work responsibilities •
under this contract, are de•s ribed in ADDENDUM A.
1. DBE REOUIREMEN • .,
The Local Agency will comply with the requirements of Appendix B and the
Construction Contract Administration Checklist re garding DBE requirem ents for the
work , except if the Local Agency desires to use its own DBE Progrrun to implement and
administer the DBE provisions of Title 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
Loc a l Agency shall be solely responsible to defend that DBE Program and its use of that
Program against all legal and other challenges or complaints, at its sole co st and expense.
Such responsibility includes, without limitation, determinations concerning DBE
eligibility and certification, adequate legal and factual bases for DBE goals, and good
faith e fforts . C OOT approval (if an y) of the Local Agency's DBE Program does not
·l 8-•
•
•
•
K.
waive or modify the sole responsibility of the Local Agency for its use as described
above .
LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as
outlined in Exhibit C.
IX . GENERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State for the Plans, the State will
not be liable or responsible in any manner for the structural design, details or ccn.•.n •·;ti on
of any major structures that are designed within the Work of this contract.
B. if the Work involves construction, the State shall have the authority to suspend the Work,
wholly or in part, by giving written notie.<' :iiereof to the Local Agency, due '.~ t ,.~ foih:re
of the Local Agency or its construction co utractor to correct project conditions which are
unsafe for the Workmen or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the
Work, or for ;111y other condition or reason deemed by the State to be in the public
interest.
C. This contract may be terminated as follows:
I. Termination fo Cause. If, through any cause, the Local Agency shall fail to
fulfill, in a timely and proper manner, its obligations under this contract, or if the
Local Agenc y shall violate any of the covenants , agreements, or stipulations of
this ~ontract, the State shall thereupon have the right to terminate this contract for
cause by giving written notice to the Local Agency of its intent to terminate and at
least ten (10) days opportunity to cure the default or show cause why termination
is otherwise not appropriate . In the event of termination, all finished or
unfinished documents, datll, studies, surveys, drawings, maps, models,
photographs , and reports or other material prepared by the Local Agency under
this contract shall , at the option of the State, become its property, and the Local
Agency shall be entitled to received just and equitable compensation for any
-19-
2.
services and supplies delivered and accepted . The Local Agency shall be
obligated to return any payment advanced under the provisions of this c~·.1trac1 .
Notwithstanding above, th e Local Agency shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the
contract by the Local Agency. It shall be grounds for the Slate to terminate this
contract for cause, if after a period of two (2) years from the date of this contrac\,
the Local Agency fails to substantially prosecute the work outlined in the contract.
If after .uch termination ii is determined, for any reason, that the Local Agency
was not in default , or that the Local Agency's action/inaction was exc~sable, such
termination shall be treated as a termination for convenience, and the rights and
obligations of the parties shall be the same as if the contract had been terminated
for convenience, as described herein .
Termination for Convenience. The State may terminate this contract at any time
the Slate determines that the purposes of the di.ftn bution of funds under the
contract would no longer be served by completion of th,, project. The State shall
•
effect such termination by giving written notice of t ,rmination to the Local •
Agency and specifying the effective date thereof, at least twenty (20) days before
the effective date of such termination .
3. Termination Due to Losi _ofFunding. The parties hereto expressly recognize that
the Local Agency is to be paid, reimbursed, or otherwise compe!!Sated with
federal and/or State funds which are available to the State for the purposes of
contracting for the project provided for herein, and therefore, the Local Agency
expressly understands and agrees that all its rights , demands and claims to
compensation arising under this .:ontract are contingent upon availability of such
funds to the Stale. In the event th at such funds or any part thereof are not
available to the State, the State may immediately terminate or amend this contract.
D. Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and attachments hereto which may require contini:ed
performance or compliance beyond the termination date of the contract shall survive such
-20-•
•
•
E.
tennination date and shall be enforceable by the State as pro ided herein in th e event of
such failure to perfonn or comply by the Local Agency.
This contract is subject to such modifications as may be required by chang,,s in federal or
State law, or their implementing regulations . Any such required modification shall
automatically be incorporated into and be part of this contract on th e effective date of
such change as if fully set forth herein. Except as specifically provided otherwise herein,
no modification of this contract shall be effective unless agreed to in writing by both
parties in an amendment to this contract that is properly executed and approved in
accordance with app,icable law .
F. To the extent that this contract may be ex ecuted and performance of the obligations of the
G.
parties may be accomplished within the intent of the contract, th e tem:s of this contract
:i;e severable, and should any tenn or provision hereof be declared invalid or become
inoperative for an y reason , such invalidity or failure shall not affect the validity of any
other term or pro vision 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 breach .
This contract is intended as the complete integration of all understandings between the
parties . No prior or contemporaneo us addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless emb odied herein by writing. No subsequent
novation, rer,ewal , addition, deletio n, or other amendment hereto shall have any force or
effect unless embodied in a written contract exec uted and approved pursuant to the State
Fiscal Rules.
H. Except as herein otherwise p ~ov id el , this contract shall inure to the benefit of and be
binding upon the parties hereto ,i;f ·lreir respective successors and assigns.
I. The Local Agency represents and "•;-,'0 -:is th at it currently has no interest, and shall not
acquire any interest, direct or indirect, that would contl ict in an,· manner or degree with
the perfonn . .mce of the Local Agency's obligations under this conuac1. The Local
Ag,. :cy's further covenants that , in the performance of this contract, it will not employ
any perr.on or !inn having any such known interests .
-21 -
]. This contract shall beco:ne "effective " only upon the date it i~ executed by the State
Controller, or designee. The tenn of this contract shall begin on the date first written
above and shall continue through th e co mpletion and fin al acceptance of this project by
the State, FHW A and Local Agency.
K. The Special Provisions , Attachment LO (Certi fication for Federal-Aid Contracts), and
Appendix B (DBE requirements) and Addendum B, Contract Modification Tool,
attached hereto are hereb y made a prut of this contract. The Local Agency shall comply
wi th all applic .-ble tenns and conditions of such attachments.
L. If a conflict occurs between the provisions of this contract proper and the attachments
hereto, the priority to be used to reso lve such a conflict shall be as follows:
M .
l. The S!]ecial Provisions and the attachments enumerated in Section VI, paragraph
K, ab vve ; and
2. This co ntract proper;
3. Other contract exhibits and attachments, in desc ending order of their r.'.tachment.
It is expressly understood and agreed that the enforcement of the tenns and conditions of
this contract, and all ri gh ts of action relating to such enforcement, shall be strictly
reserved to the panies hereto, and nothing contained in this contract shall give or allow
any such claim or right of action by an y oti1er or thir I person on such contract. It is the
express intention of the parties that any person or en•.,ty "ther than the parties receiving
services or benefits under Utls contract be deemed lo be an incidental beneficiary only.
N. The Local Agency assures an I guarantees that it possesses the legal authority to enter into
this contract. The Local Age ncy warrants that it has taken all actions required by its
procedures, by-laws, and/or applicable law to exerrise that authority, and to lawfully
authori ze its undersigne<l signatory to execute this contract and to bind the Local Agency
to its tenns . The person(s) executing this coniract on behalf of the Local Agency
warrants that th ey have full authorization to execute this contract.
-22-
•
•
•
•
•
•
IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written .
ATTEST :
By ______ _
Chi-.fCierk
ARTHUR L. BARNP.ART
State Controller
By ______ _
ATTEST : (SEAL)
By ___ _
Title _____ _
STATE OF COLORADO
BILL OWENS , GOVERNOR
By_---,----,------
Executive Director
DEPARTMENT OF TRANSPORTATION
APPROVED :
KEN SALAZAR
Attorney General
By _____ -=-----
Ass istant Attorney General
Civil Litigation Section
CITY OF ENGLEWOOD, COLORADO
B _1 ________ _
Title _______ _
Federal Employer Identification
Number: 846000583
-23-
Colorado Department of Tran1J por1atlon ~: 12/27/200 1 Projecl code : 12744 I STIP number:
DESiGN DATA R8vise oate: Projecl number: M395-004
PE p,....i ..... r ......... PFP-1-•
OMolrlc 0 English Revision I :
Paga I Reg ion: 06 I r-'\II ll•-,,1 I n
Stalus: • prellmlnary 0 final .') :evised
I • /\.I Ill _ia I _, • ~ .. ..
PrOl)8led by: Revised by: I I
Projecl descriplfon: UNIVERSITY BLVD . SIDEWALKS
Dave Hcndeoon County1 : jeounty2: jCounly3 :
Date : 12/1 8/2001 Cate : I I Munk:lpality :
Submlned by Proj .Mgr Approved by Preconslruction Engineer: Sys1em code : Q 1M Q NHS • STP Q OTHER
Oversight: • COOT Q FHWA Q OTHER
Oale: 12/27n001 Planned lenglh: 0.6
Geographic lccation :
UNIVERSln' BOULF.VA RD NORTil OF DARTMOUTil TO US-285
Terrain tvna: U Level U Plains U Rolllng • Urban U Mountainous
Oescriplfon ol proposed constructlonllmprovemenl (attach map showing sl le location)
lnstallalion or S' wide sidew.ll.k along the west side or S. University Blvd. lnst11l1111ion of h11ndic11p ramps 111 curb returns wilh .wocin1cd incidentnJ
work. including rcloc:uion or signnge , tr:r.ffic signals, and curb cut rccorutruciton.
g Tralllc (Note : use columns A, B, and/or C to ldenllfy facility described below)
Currant year: Future year:
I ------I Fac llltv locatlon
Faclllty ADT DHV OHV %trucka ADT DHV I Indus"'" IComme!Clal Residential Other
A I □ I □ □ □ a I □ I □ □ □
C: I □ I r l r1 l J
IIAdwyCIDH Route Refpt Endrafpt FuncUonal elanltlcatlon Faclllty typ• Rural coda ,. I--2.
3.
II O..lgn Slandarda (Identity substandard items with a checkmark In lat column and darity In remarks)
A • B • C•
SW>danl EAfsting Proposed Ultimate Standard Existing Proposed Ultimale Standard Existing Proposed Ultimate
D Surface typt
8 Typical section fype
# ol trav8' lanes ·--D Width of travtl lanes
D Shoulder wd. r.Jmedian
8 Shoulder wd rtJoutskte
Side slope .1isl. ("z•)
D Medan width
D Posted speed
8 De sig n speed
Max. sugerelevation
D Min radi us
D Min . horizontal ssd
8 Min . ,,artical ssd
Max. grade
Projecl under O 1 R Q 3R 0 •R Q Other. criteria Existing guardrail meets current standards: 0 Yes Q No
Variance ,, m,nlmum design s tandards requfred Q Yes • No ID Saloty project Comments : R Jusbfication attached R Request to be submitted Nol all standcsrds • Undge (s ee item 4 J See remarks: addressed
f 7 Stana cons uuctlon
Resurfacing pr()f8Cts r l Recommenoahons concerning safety aspects anached
COOT Form 1463 7/2001
Pao• 2 IP,oject Code: 12744 I P,qect Number. M395-004 I Revise Dela:
(iJ Mator StructurH
1§•10 Sit~ A•IO bt f9fflOV9d P•2!!!25!:Sed new Slructure I Standard Structure Horizontal Vertical Yee, .. ,on• I Lenath o., """'I FAalurA ... , ... _ ..... Width AOWV noA Clearance Clearance BuiH ---
Proposed treatment ol bridges 10 remain In place (address bridge rail, capacity, and Bllowatxe surface thickness)
~ Project Charactorl1tl c1 (proposed) Medlen lype: 0 dep,ossed O painted Q nilsed 0 nooo
llklhtino 171 Hendlc 1p ramps · 1 Traffic control signals I !Striplno
Curb and cutter f l curt>or!v I Left-tum sklts r lcondnuous --✓ Sidewalk 'Md1h • 5' I I Blkawa, width • I Alght•tum slots I lcondnuous v,;dlh•
Parklna lane width • f l Detouu: Slanina: r lconstruction I loennanenl
Londscape requirements: (dascriptlo.1) Other. (description)
Iii Righi of Way Yes No Es!. No. 1W Utllltleu (list namos ol known utility compar,;al
ROW and/or perm. easemenl required: 0 • ---Xcrl Energy -Oas&. Electric Distribution, Qwest Comm.,
Relocation required: 0 • AT&T Broadband, Denver Waler Oepc., Denver Wa.stcwater
Temporary easement re-quired: 0 • ---Mnnagmenl, Cheny Hills Hei ghts Waler & Sanitation Dist. ---Changes In occuss: 0 • ---Changes to connecting roads: 0 • llroad crossin gs • of crossings:
Agreements
Railroad Name required Present protection Condition of x'lnas
I u
2 D
3 D
4 D
Recommendations:
1;1e.nvtro nmental
Type: CE Programmatic Categorical Exclusion #: 23 CFR n, .117 paragraph (C) (3)
128 lnitialion Dato:01/1412002 Revision Dale: aecrance Action Dale:
Commenls:
~Coordination
Withdrawn lands (power sites. reservoirs, ale.) Cleared through SLM forest seMCe office I Irrigation ditch name: -New traffic ordinance required I l I Modify schedule of existing ordinance I Munic,paHty.
Other.
IJCon11ructlon method noAdRaason: 0 Design Q Local Fi,,
Entily/Agency contact name: Dave Hendcoon
Advertised by: 0 State Q P.O, Q RAF/A r-• Local Q Study Q UUlltyF/A Phone number. 30l-762-25J6
0 None Q CDOTF/A 0 MlscaUaneous .
(Include addilional pages II r • .. ,
CoplH to: Regt00 F'-les, Regton Env. Manager, Slaff Design Branch (OA). PMO, ROW . Staff 8ndge or where appropria1e
A IT ACHMENT #1
THE LOCAL AGENCY SHALL USE THESE PROCED URES TO IMPLEME NT FEDERAL-AID PROJECT
AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Tille 23 Code of Federa l Regulations (CFR) 172 applie s 10 a federally funded local agency projecl agreeme nl •
administered by COOT lha l invol ves professional consulta nt services . 23 CFR 172 and 23 CFR l 72(d) state thn l, "When
federal -aid highway funds participa te in the c ontrau a local shall use the same procedures as used by the State to
administer co ntra cts ... ". Therefore , local agencies must compl y with this CFR r~quircmcnt and th e following sta te
procedures when ob 111 ini ng professiona l co nsullant services under a federally funded consu ltant contract administered by
COOT .
COOT hos fon:,ula 1cd ilS procedures in Procedural Dire ctive (P.D.) 400 .1 and !he rcla1ed opcra1ioos guidebook till ed
"O btaini ng Professional Consultant Services ". Th is direc tive and guidebook incorpora te requirements from both Federal
and S1a1e regulations , i.e., 23 CFR 172 and Colorad o Revised Statute (C .R.S.) 24-30-1401 cl seq . Copies oflhe dire ctive
and the guidebook ma y be obtained upon reque st from Ci":,OT's Agreeme nts a nd Consultant Management Unit. [Local
agencies !houl d have their own wrinen procedures on file for each method of procurement that addresses the items in 23
CFR 172.5(b)(l-6)J .
Because the procedures and laws described in the Procedural Directive aud the guidebook arc quile len gth y, the
subsequent s teps scn•c as a short-hand guide to COOT procedures that a Joe.ii agency must fo llow in obtaining
profession:il consultant services. This guidance: follows the fonn11t of 23 CFR 172 . The steps arc :
I . The contrac1ing local agency shall doc ument the need for obtaining professional services.
2. Prior to so li citation for consultant si:rvices, the contracting local agenc y shall develop a detai led s-:opc of work
and a lis1 of evaluntion fa ctors and their relative importance. The evaluation factors arc those identified in C .R.S.
24-30-1403 . Also , a de tailed cost estimate should be prepared for use during negotiations.
3. The contracting agency must advertise for co11macts in confonnity with the requirements al C.!'L S. 24 -'.\0-1405.
The public r.otici: period, when we b notice is required, is a minimum of 15 dnys prior 10 the 15clcction o f the three
most qualified firms and the a :tvc rtising should be do ne in one or more daily newspapers of ge.,crul circulotio n.
4. The request for consultant services should include the scope of work. the evaluation factors and th ~ir relative
imponancc, th e method ofpa}'m(nt, ;,nd the goal often percent (10%) Disadvantaged Business Entl·rprise (DBE)
partic ipation as a minimum for the project.
5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403 . This section
of the rcgula1io n identifies the cri1crio. to be used in the eval uation of COOT pre-qualified prime consultants and
their team. l1 a lso shows which cri1·eria arc used 10 short-list and to make a final selection.
The shon•list is based on the following evaluation factors :
:t. Qualifications,
t . Afi)roach to the project,
r . Ability to furnish professional services .
d. Anticipated design co ncepts, and
e. Alternative methods of approach for furnishing the professional services.
Evaluation fo.c 1on for fi nal selectio n arc !he consultant's :
,. Abilirics of ti• ,ir pcrsoMc l,
b. Past perforr.ia.nce,
c . Willingness to meet th e time a nd budget requirement,
d. Location,
e. Current and projected wo rk load,
f. Volume of previous ly awarded contracts, and
g. Involvement of minority consultants.
Under 24•30-1401. cost shall not he considered as a factor In t he evaluation of profeulo nal consultant
s;e;r vtcr~
REQU IRE D BYll CFR 63).102 -
•
•
•
•
•
6. Once a consultant is se lected, the loca l agency enters into negotiations with the consultant to obtain a fair and
reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater
than $50,000 . Federal rcimbunem,,nl for costs arc limited 10 those costs allownble under the cos, principles of 48
CFR 31. fixed fees (profit) arc detennined with consideration given to size , comp lexity, duration, and degree of
risk invo lved in the work. Profit is in tho range of six (6) to fifteen (IS) percent of the total direct and indirect
costs .
7. A qualified local agency employee sball be re.,ponsible and in cbarge of the project to ensure that the work being
pwsucd is complete, accurate , and consistent with the tenru, condition!', and specifications of the co ntract. At the
end ofprojec~ the local agency prcpues a performance evaluation (a COOT form is available) on the consultant.
8. Each of the steps listed above is lo be documented in accordance with the provisions of 49 CFR 18.42, which
provide for records 10 be kepi al least three (3) years from the date that the loca l agency submits its final
expendilure report. Records of projects under litigation shall be kept al least three (3) ye:u,; after the case bas
been settled .
The C.R.S . 24-JP-1401 through 24-30-1408, 23 Crll Part 172, and P.O. 400 .1, pro vi de additional details for complying
with the eight (8) steps just discussed .
REQU:REDBY23 CFR633 .102 -
PREC ONSTRUCTION ADMINlS'rRA TIO N CHECKLIST
Region : ______ ~6 _____ Project Code#: 12744
Local Agency : Englewood
COOT Des ign Proj . Mgr.: Kevin Hsu
COOT Reside nt Engineer : Ron Buck
Project #:_~M=39=5~-0=0~4-
Location : Univers ity Blvd .• Dartmouth to US 285
Descrip tion : Sidewalk and Ram ps
The fo ll owing checklist shall be utilized to establish the PRECONSTRUCTION ADMINISTRATION
CHECKLIST responsibilities of the individual parties t · this agreement.
NO . DES CRIPTION OF TASK
I. Transportation Improvement Program(T.l .P.)
2. Design Data (COOT Fann #463) .............•....•.....•..•....
3. Funding Authorization ...............•... , .•....•........•....
4. LNCOOT Project Agreement ....................•..............
5. Utility, Railroad, and Consultant Agreements ....................... .
6. Cons ultant Se lection ................ , ...................•.....
7. Field Inspection Review (FIR) ........•.•....................•..
8. Public Hearings ......................•...•.•....•............
9. Environm ental Processes ........•........•............•.......
10.
I I.
12 .
13.
14 .
Design Approval
Final Office Review (FOR)
Force Account Justification
Proprietary Item Justification .................................. .
Davis-Bac on Wage Rates LK._Yes __ Noi
15 . Des ign Exceptions ............................•..............
RESPQNSIBLE PARTY
LOCAL
AGENCY CDOT
_lL
..x.. ..lL,_
.R.
..x.. .lL
..x.. ..lL,_
..x.. ..lL,_
..x.. ..lL,_
_lL
.R.
..x.. ..lL,_
..x.. ..lL,_
..x.. ..lL,_
..x.. ..lL,_
_lL
..x.. ..lL,_
•
•
•
• PRECONSTRUCTION ADMINISTRATION CHECKLIST
Page2
RESPONSIBLE PARTY
J.:iQ, DESCRIPTION OF TASK
16 . Rights-of-Way ...................................... , ...... .
17 . Plans, Specifications and Construction Cost Estimates ......•....•...
18. EEO/DBE Requirements ...............•.........•..•....•....
19. Advertising Less Than Three Weeks ............................ .
20. LA Ad and Award ...............•.........•.................
LOCAL
AGENCY
_x_
_x_
_x_
_x_
21. Construction Administration .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. . _x_
•
_x_ Final Checklist D~te : 12/27 /0 I
_ Revised Checklist Date : -----~
# Requires COOT review /concurrenc~approval/involvement.
• Requires FHW A concurrence/involvement.
04/29/96
Rev . 11/98 •
COOT
...!L.,.
...!L.,.
...!L.,.
...!L.,.
~ONSTRUCTION CONTRACT ADMINISTRATION CHECK LIST
Page 1
CDOT Region: _______ 6 _____ _ Project Code (SA#) :_....,1_1_1..:..-4.:..4....._ __ •
Local Agency: £"j \•>-1••rl Project No .: t\J qS: • 004
CDOT Resi dent Engin eer : "R•n 'ih,Js Location: lh·.,90 ,~ 1'!,..I,
1
1;,«t,.o~rb 4-o .
\J t '" Local Ag ency Projec t Manager:J>p.,11.( 41~~,,,v,Description: S::~g,.,1,lk I B0rys
CDOT De sign or Project Engineer : __ --"')(uf~i'---'•~..._-~~us~4,._ ____________ _
The following check list shall be utilized to establish the CONSTRUCTION
CONTRACT ADMINISTRATION responsib ilities of the individu al p arties for this
proj ect. THE CHECK LIST SHALL BE INCORPORATED INTO THE ENTITY AGREEMENT AT
PROJECT INCEFTION.
THE CHECK LIST SHALL BE PREPARED BY PLACING AN X UNDER THE RESPONSIBLE
AGENCY, OPPOSITE EACH OF THE TASKS LISTED BELOW . When CDOT is selected to
be respon sibl e or co-responsible by option, the me t hod of the Local
Agency's reimbursement f or COOT 'S costs must be e stablished .
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 APPLICABLE
SHALL BE INCLUDED. •
TASKS WHICH WILL BE PERFORMED BY HEADQUARTERS STAFF WILL BE SO INDICATED ON
THIS CHECK LIST.
THE REGION IN ACCORDANCE WITH ESTABLISHED POLICIES AND PROCEDURES, WHEN
APPLICABLE, SHALL DETERMINE WHO WILL PERFORM ALL OTHER TASKS WHICH ARE THE
RESPONSIBILITY OF CDOT .
THE RESIDENT ENGINEER OR CDOT DESIGNER SHALL IDENTIFY AND NOTIFY TID.
APPROPRIATE STAKEHOLDERS , AND THOSE ON THE MINIMUM DISTRIBUTION LIST BELOW,
OP FIELD INSPECTION REVIEWS (F.I .R.) AND FINAL OFFICE REVIEWS (F.O.R .) FOR
ALL LOCAL AGENCY PROJECTS .
INSTRUCTIONS TO INITIATE THE CHECK LIST AND IF THE CONTRACT ADMINISTRATION
RESPONSIBILITIES HAVE CHANGED :
A prelimi nary check list shall be prepared by the CDOT Resident Engineer
(RE) wi th the COOT Design PM, in cooperation with the LAPM, prior to the
F.I .R . and submitted t o the Region Program Engineer (RPE) with the F .I.R .
notice. If Contract Administration re s ponsibilities are changed after the
F .I .R ., the CDOT RE, in cooperation with the LAPM, shall prepare a revised
check list and distribute copies. The CDOT RE shall prepare the FINAL
check list prior t o the F.O.R. and s ubmit copies to all persons receiving •
the F.O .R . n o t 'ce. The mi nimum distribution list is shown b e l ow.
COP Y:
CDOT RE/PM
• CONTRAC T ADMINISTRATION CHECK LIST
PAGE 2
** RESPONSIBLE PARTY
LOCAL
NO. DESCRLPTION OF TASK AGENCY COOT
1 . Set Disadvant aged Business Enterprise (DBE)
goals for the project. (COOT Region EEO
Administrative Program Special.ist)
2. Se t On Job Training (OJT) goals for the
project. (COOT Region EEO Administrative
Program Specialist when CDOT is responsible .)
~-Assure the correct Federal Wage Decisions,
•
all required DBE/OJT Special Provisions and
the FHWA Form 1 273 are included in the Contract
d ocuments . (COOT RE or Designer)
This project is exempt from Davis-Bacon
requirements as determined by the functional
classification of the project location . (Note:
Projects located on local roads and r ural minor
collectors ma y be exempt .)
COOT RE or Designer Date
4 . Advertise for bids/open bids. (COOT
Construction Contracts Unit, Staff
Design Branch, when COOT is responsible.)
5. Distribute "bid set" of plans and specifications
to the person responsible for showing the
project. (COOT Printing and Visual Communications
Center, Division of Human Resource s and
Administration when COOT is respons ible .)
6. Review work site and plan details with
prospective bidd.,rs whil.e project is under
advertisement. (COOT Resident Engineer when
COOT is r esponsible.)
••
NOTE: Only one responsible party should be selected.
• If both are selected, a supplemental agreement
specHyi.,..., what task details are the responsibility
of each party shall be attached t o the Check List.
When COOT is responsible or co-responsible by option,
the method of the Local Agdncy's reimbursement for
COOT'S costs must be established by an attached
Memo r a .. 1dum of Understanding (MOU ) .
X
X
X
)I.
CONTRACT ADMINISTRATION CHECK LIST
PAGE 3
** RESPONSIBLE PARTY
LOCAL
~O. DESCRIPTION OF TASK
7. Determine compliance with DBE requirements
before the Contract is awarded:
a .
b.
c.
Check CDOT Form #715 -Certificate of
Proposed DBE Participation, when the low
bidder me ets DBE goals. (CDOT Business
Programs Office, (303)757-9234, Room 287,
Division of Human Resource s a nd
Administration)
Evaluate CDOT Form #718 -DBE Good Faith
Effort Docume ntation, and determine if
the Contract, has made a good faith effort
when the l ow , dder does not meet DBE goals .
(COOT Bu si s~ Programs Office)
Approve/disapprove award of Contract by
completing COOT Form #719 -DBE Participation
Summary. THIS FORM MUST BE COMPLETED BEFORE
THE CONTRACT IS AWARDED .
(CDOT Business Programs Office)
8. Approve rejection of low bidder .
9 . Award Contract (COOT Construction Contracts
Unit, Staff Design Branch, when CDOT is
responsible.)
10 . Distribute inumber : minimum of six (6))
••
"award sets½f plans and specifications to
COOT Resident Engineer .
(Further distribution will then be made to the
Region Program Engineer (RPE), COOT Staff
Construction & Materials (2 sets), the Region
Materials Engineer (RME), and others as required.
CDOT Printing and Visual Communications Center,
Division of Human Resources and Administration
when CDOT is respo nsible.)
NOTE: Only one r esponsible party should be selected.
Refer to page 2 f or additional i nf o rmation.
AGENCY COOT
X
X
•
•
•
• CONTRACT ADMINISTRATION CHECK LIST
PAGE 4
•* RE SPON SIBLE PARTY
LO CAL
NO. DESCRIPTION OP TASK
11. Issue "Notice to Procee d• to the Contractor.
(COOT Construction Contracts Unit , Staff
Design Branch, when COOT is responsible .)
12. Conferences:
•
a . Preconstruction (Request Preconstruction
packet of information from Region EEO
Administrative Program Specialist prior
to the conference. COOT Resident Engineer
wh en COOT is responsible.)
b . Partnering
c. Presurvey:
(1) Construction staking
(2) Monumentatic:'•'1
d. Str.ictural concrete prepour
e. Concrete pavement prepaving
f. HBP prepaving
13 . Supervi sion of construction:
a. Professional Engineer (PE) registered
in Colorado, who will be "in responsible
charge of construction supervi sion " .
AGENCY CDOT
X
X
....L
)(
_x_
Local Agency PE or COOT RE/PE
.l•J -T<i-zs-,C
Phone number
• **
If Consultant, c o mpany:
b . Develop and distribute public notice of
planned construction to the, media and
local res i dents .
NOTE: Only one respons i ble party sho uld be select e d .
Refer t o page 2 for additional info rmation.
-A-
CONTRACT ADMINISTRATION CHECK ~IST
PAGE 5
•• RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF 'l'ASIC 1'.GENCY COOT
**
c . Competent, experienced, staff who will . . . 1._
ensure the Contract work is constructed
i ,:i accordance with COOT policies, standards
and procedures .
(Refer to the COOT Procedural Directives and
che following COO'l' Operating Manuals for guidance
and assist.&nce -COOT Local Agency Federal Aid
Construction Manual, COOT Construction Manual, CDOT
Field Materi,als Manual, en<. T Survey Manual, COOT
Standard Plans , COOT Erosion Control Manual, COOT
Davis-Bacon Manual, COOT EEO/Labor Compliance Manual)
( 1) COOT Form #205 -Sublet Permit Applicatiou:
(a ) Check COOT Form #713 -Con ~ractor
DBE Subcontract, Supply and Service
Contract SLatement. Sign Form #205
if Form #713 is complete . (COOT
,gion EEO Administrative Program
"pecialist)
(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/Subcontractors
reviP.ws to ensure conformance with
the Equal Employment Opportunity(EEO)
/Affirmative Action(AA)/DBE/OJT
requirements contained in the Contract .
(Standard Special Provisions, Project
Spe cial Provisions and FHWA Form 1273)
(COOT Region EEO Admini s t~ative
Program Specialist)
NOTE: Onl y o ne responsible party sho uld be selected.
Ref e r t o p age 2 for add it i o nal info rmat i on.
)(
X
•
•
•
• CONTRACT ADMINISTRATION CHECK LIST
PAGE 6
** RESPONSIBLE PARTY
LO~
NO . DESCRIPTION OP TASK AGENCY CDOT
•
• ••
( 4) Notify COOT Region EEO Administrative
Program Specialist and request
assistance for all EEO/DBE/OJT/
Davis-Baccn question s o r concerns.
_y_
( 5) Complete and submit to the CWT Region lL_
EEO Administrative Program Specialist,
the reouired number of COOT Fo rm #280 -
Equa l Employment Opportunity and Labor
Compliance Verification
( 6) Monit or DBE participation to ensure
compliance with the "Commercially
Useful Function" requirements .·
( 7) Complete and submit to the COOT Region
EEO Administrative program Specialist,
the applicable number COOT Form #200 -
OJT Training Questionnaire, when project
ut i lizes OJTs.
X
( 8) Check c-,rtified payrolls to verify . . )(
Contractor/subcontractors are in
compliance with Contract requirements .
The checking shall be completed by
project personnel trained in payroll
checking . (Contact the Region EEO
Administrative Program Specialist for
training requirements.)
( 9) Coordinate submittals by Contractor _x__
and all subcontractors of FHWA Form 1391
(Highw,._ Construction Contractor's Annual
EEO Report) to the COOT Region EEO
Admini~trative Program Specialist . The
Report is due to the Region EEO
Administrative Program Specialist by
August 10 f o r all construction projects
Active during the last comple te wee k of July .
NOTE: On l y one responsi..ble party should be selected.
Refer to page 2 for additional information .
NO.
••
CONTRACT ADMINISTRATION CHECK LIST
PAGE 7
** RESPONSIBLE PARTY
LOCAL
DESCRIP'fION OP TASJC AGENCY COOT
(10) Materials:
(a) COOT Form #250 -
Materials Documentation Record:
I) Fill o ut and distribute COOT _!._
Form #250 before the Contractor
commences work.
II) Complete Form #250 after work _!._
is completed and distribute per
instructions in the COOT Field
Materials Manual.
(b) Approve changes to typical section ..
(c) Development, Checking, and Design mix
approvals:
I) Concrete
II) Hot Bitumi nous Pavement (HBP).
(d) Acceptance of manufactured products.
(e) Inspecting fabrication of structural
s teel and prestressed concrete
structu r a l components .
(f) Inspecting fabrication of bearing
dev ices.
(g) Laboratory Check testing
(h) Acceptance testing _x_
(i) Independent assurance testing X
(The LA shall us AASHTO accredited
laboratories . The IAT lab shall not be
the same lab as the acceptance lab .
The LA shall develop, complete, and
distribute the COOT Form #379 -Project
Independent Assurance Sampling Schedule .)
....L
NOTE: Only one respomJible party should be selected .
Refer t o page 2 for additio na l information .
•
•
•
• CONTRACT ADMINISTRATION CHECK LIST
PAGE 8
.., RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK AGENCY
• ••
(11 ) Approve sources of materials _x_
(12) Approve shop drawings _x__
(13) Perform Traffic Control Inspections 'I
(14 ) Approve traff i c signal equipment _x_
(15) Construction surveying _lL
(16) ROW monumentat ion _!_
(17) Prepare , approve and sign vouchers _x_
for interim and final Contractor
pay estimates . (COOT Resident Engineer and
Reg ion Finals Engineer if CDOT is responsible.)
Provide the name(s) and phone number(s) of
The person(s) authorized fo r this task.
1::>"~ Bi::!d<~'°" )•J-'1'1-u·.(
LA Administrator Phone Number
LAPE Phone Number
(18) Prepare, approve and sign vouchers
fo r interim and final Utility
Company bill i ngs fo r utility
relocation work .
(19) Prepare and authorize Change Orders:
i.e . COOT Form #94 -Minor Contract
Rev i sion (MCR) and CDOT Form #90 -
Contract Modification Order (CMO)
(20) Approve Change Orders (MCRs and CMOs)
(21 ) Approve Federal-Aid funding for MCR s/CMOs .
(22) Mo n itor project financial status a nd ..
submit monthl y in a format acceptable
to the Region , such as CDOT Form #6 5a ·
Project Financial Status Report .
X
:x
NOTE: Only o n e res ponsible party should be selected.
Refer to page 2 f o r additional information .
COOT
X
CONTRAC? ADMINISTRATICN CHECK LIST
PAGE 9
** RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK
(23) Prepare and submit monthly progress
reports to the Region Finals Engineer:
COOT Form #ll0a -Status o f Active
Construction Projects, and COOT Fo rm
#517a -Status of Co nstruction Project
Final s. Due b y the 1st of each month.
(24) Contractor claims/dispute r esolution
Local Agency must follow COOT
procedures unless Section 105 .17 of
the Standard Specifications is modified
by a Pro ject Special Provision. ALL
contracts let for bid by the Local Agency
shall contain a project special provision
removing CDOT from the resolution process.
14 . Make monthly progress and fin a l payme nt s
to t he Contractor for completed work . (COOT
Center for Account ing, Division o f Huma n
Res o urces and Adm inistration when CDOT is
re sponsibl e.)
AGENCY COOT
>(
..L
...x....
15 . Make monthly progress and f i nal payment s to . . -1,....
lltiliLy i::o mpanies f o r completed utility
relocation work . (COOT Center for Accounting,
Division of Hum a n Resources and Administration
whe n COOT is responsib l e.)
16 . Condu ct r outine, random, project r eviews X
••
t o ensure t he project is being administered
in accordance with the terms of the c onstruction
Co ntract and the approved project specific
agreeme nt between COOT and t h e l ocal agen cy .
Provide the name and phone
respons i ble for this task.
1> !;~ ':i B e,, d.t d• "
Name of LA or COOT RE/PE
number of the perso n
Phone Numb er
NOTE : Only o n e responsible party should be selected.
Refer o page 2 f o r add i tio na l informati on.
•
•
•
• CONTRACT ADMINISTRATI ON CHECK LIST
PAGE 10
** RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK AGENCY COOT
17 . Joint FHWA/CDOT Quality Assurance (QA) Revie\/
Teams will conduct sel e ct program reviews in
accordance with COOT's Stewardship Plan .
(COOT Staff Construction & Materials)
18 . Conduct final project inspection, complete and
submit COOT Form #1212a -Final Acceptance
Report . COOT Resident Engineer with mandatory
LA participation.
19 . Final project acceptance, write final project
acceptance letter and distribute per
procedures in the COOT Construction Manual.
20. Advertise for final settlement. (COOT Staff
Construction when COOT is responsible.)
Prepare and distribute final "as constructed"
plans per procedures in the Construction Manual.
Retain original cross sections with final documents .
..L
_2_
..L
22. Check final quantities, final plans and the . . . . ~
final pay e s timate.
23. Sign final pay estimate sheets and voucher . 1._
24. Check material records .
25. Submit final materials certification .
26. Obtain COOT Form #17 -Contractor DBE Payment
Certif i cation , from the Contractor and submit
to Region Program/Finals Engineer.
27 . Obtain FHWA Form PR 47 (Statement of Materials
and Labor Used ... ) from the Contractor, check
and submit to Region Program/Fi nals Engineer .
(REQUIRED ONLY ON NHS PROJECTS WITH TOTAL
FINAL PAYMENT EXCEEDING $1,000,000.)
28 . Complete and submit COOT Form #950 -
• Proj e c t Closure .
29. Retai n p r o j e c t r e cords . (Fo r s i x y ears
f rom d ate of p roj ect c l os ure .-)-
**
NOTE : Only o ne respo ns ible pa r ty should b e selec t e d.
X
FHWA Form 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General .............................................................. ..
U. Nondiscrimination ............................... , ............... .
Ill . Nonsegregated Facillties ...................................... .
IV. Payment of Predetermined Minimum Wage ......... .
V. Statements and Payrolls . .. ........................... .
VI . Record of Materials. Supplies. and Labor ............. .
VII Subletting or Assigning th e contract ................... ..
VIII . Sa fe ty: Accidenl Prevention ............................... ..
IX. False Sta tements Concemlng Highway Projects ...
X. tmplementatio:i of Clea n Alr Act and Federa l
Water Pollution Con trOI Acl ................................................ .
XI , Certillcatlon Reg arding Debarment Suspension.
In eli gibility , and Vol untary Exdusion .................................... .
XII . Certification Regard ing Use of Contract Funds for
Lobbying ..................... , ..................................................... ..
ATTACHMENTS
A. Em ployment Pref&rence for App alach lan
Contracts
(Included In Appalachian contracts on ly)
I. GENERAL
1. These contract provis ions shall apply to all work
performed on the con1rael by the contractor's own organlnilfon
and with the ass istance of workers und er the contractots
immediate superintendence and to 311 work performed on th e
conlriict by pie ce work , sta tion WOfk, or by subcontract.
2. Except as otherwise provided for In each section . the
contractor sha ll Insert In each subcontract all of the stlpulatlons
conta ined I:, these Required Contract Provisions , and funner
requ ire their lnduslcn In any lower tier subcontract or purchase
Ofder lhat may in tuT be m.1oe . The Requ ired Contract Provi-
sion s sha ll not be lncorpo,-..:ed by reference In any case . The
prime contractor shall be responsible for compllance by an y
subcontractor or lower tier subcontractor with these Requ ired
Conu-act Provisions.
3. A breach of any of the stipulations contained In these
Required contract Provisio ns sha ll be sufficient grounds for
tem,lna tlon of the contract.
4. A brea ch of th e following dauses of the Required
Contract Provision~ may also be grounds for debarment as
provided In 29 CFR 5.12:
Section I, paragraph 2:
Section IV, paragraphs 1, 2, 3. 4, and 7;
Seclion V, paragraphs 1 and 2a through 2g .
5. Disputes arising oo t of the labor standards provisioos of
Section IV (e)(cept pa rag raph 5) and Section V of these
Requ ired Contract Provisions shall no! be subject to tl1e
general disputes clause ol th is co ntract. Such disputes shall
be resolved ln accordan ce wi th the procedures of the U.S .
Department of Labor (COL) as set forth ln 29 CFR 5, 6. and 7.
Disputes wi th in the meaning of th is dause lndude disputes
between L1e contractor (or any of Its subcontractors) and the
con1ractlng agen cy, the DOL, or the contrac lor's employees or
the ir representatives.
6. Selection of Ubo,: Du ring the performance of th is con-
trc:1ct. the contractor sha 1! not
a. discrimina te against labor rrom any oth er State,
possession , or terrilory of the Unlled States (e)(cept for
employment preference for Appalachian con tracts. when
appllcable. as spe cified ln Attachment A), or
b. employ convict labor for any purpose within lhe llmlts
of the project unless ii is tabor performed by convicts who aro
on pa role, supervised release , or proballon.
II . NONDISCRIMINATION
(Applicable to all Federal .aid construction contracts and to
all related subcontracts of $10.000 or more.)
1. Equal Employment Opportunity: Equa l employment
opportunity (EEO) requ irements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders. rules . regulations (28 CFR 35. 29 CFR
1630 and 41 CFR 60) and orders of the Secretary of labor as
modified by the provisions prescribed herein, and Imposed
pursuan t lo 23 U.S.C. 140 shall constltule the EEO and
specific affirmative action standard s for the contraclor's pro ject
activities under th is contract. Th e Equal Opportunity
Construction Contract Specifications set forth under 41 CFR
60-4 .3 and the provisions of the American Olsabilities Act of
1990 (42 U.S.C. 12101 .11 ~.) se l forth under 28 CFR 35 and
29 CFR 1630 are Incorporated by reference In th is contract. In
the execution o1 this contract, the contractor agrees to comply
with the following min imum specific require ment activities of
EE O:
a. The contractor wilt wor1< with the State highway
agency (SHA) and the Federal Govern ment In canylng out
EEO obllgatlons and ln the ir review of hi!/her activities under
the contract
b. The contractor wiU accept as his operalfng policy lh,
following statement:
·rt ls the poUcy of th is Company to assu re lhat applicants
are employed. and that employ&es are treated during
employment. without regard to their race. religion, sex.
color, natlonal origin, age or disability. Such actio n sh all
Incl ude : employment. upgrading, demotion, or transfer,
recrultmenl or recru ltmi!nl advertising; la yoff or
termina tion: rates of pay or other form s of compensation :
and sel ection for training, Including apprenticeship,
preapprentlceshlp, and/or on-the-job tra ining .·
2. EEO Officer: The contractor v-,11 designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and mu st be capable of effectively
adm inistering an d promoting an active contractor program of
EEO and who must be assigned adequate authority and
responsibility to do so.
3. DIHeml natlon of Polley: Al l members of the
contractor's staff who are authorized to hire. supervise,
promote, and discharge employees, or who recommend such
action, or who are substantially Involved In such acti on , wilt be
made fully cog nizant of. and will Implemen t, the contracto(s
EE O policy and contractual responsi bilities to provtde EE O In
each grade and dassltica tion of employment. To ensure lhat
the above agreement will be met, the followi ng actions will be
taken as a minimum:
REQUIRED BY2J CFR 6Jl.102 -
•
•
•
•
•
•
a. PeriXl!c meeti ngs of supervisory and personnel office
employees wi ll be conducled be lore the stan of wort< and then
not 1ess ofte n than once every six months , at which time the
contractor's EEO policy and Its lmplementatlon will be
reviewed and explained . Th e meetings will be conducted by
the EEO Officer .
b. All new supervisory or personnel office omployees will
be given a thorough Indoctrination by the EEO Offlcor ,
covering all ma /or aspects of the contractor's EEO obllgatlons
with in thirty days foltowlng their reporting for duty with the
contractor .
c. All personnel who are engaged In direct recrultmenl
for the project will be Instructed by U•e EEO Officer In L+ie
contractor's procedure s for locatlng anr:J nuing minority group
employees.
d. Notices and posters setting forth the contractor's EEO
policy will be placed ln areas read il y accesslble to employees ,
applicants for employmer.t and potential employees .
e. The contraclof's EEO policy and lhe procedures lo
Implement such policy wi ll be brought to lhe atlenlir n of
employees by means of meeti ngs, employee handbc'.Jk.d, or
other appropriate means.
4. Rtcruitment: When ad vertising for employees. the
cootraclor will Incl ude In all .:.dvertl!iements for employees the
notation: •An Equal Opportunity Employer: All such
advertisements will be placed In publlcations havi ng a large
circulation among minoril.)• groups in the area from 'Nh lch the
project work force would nomiaUy be dertve-:t.
a. The contractor will , unless precluded by a valld
bargaining agreement, conduct systematic and direct
recruitment through public and pri va1e employee referral
tources likely 10 yfeld qualified minority group applicants. To
m eel th is requirement, the contractor will Identify sources of
potential m inority group employees, and establlsh with such
ldenlined sources procedures 'Nhereby m inority group
appllcants may be referred to the cootraclor for em ployment
consideration .
b. In the even! the contractor has a va lid bargaining
agreement providing for exclusive hiring hall referra ls, he Is
expected to observe the provisions of that agreement to the
extenl that the system permits th e contractor's campltance with
EEO contract provisions. (The OOL has held that where
Implementation of such agreements have the effect of
dlsaim fnatlng against minorities or 'MJfflen, or obligates the
contractor to do the same, such Implementation violates
Executive Order 11246, as amended.)
c. The contractor will encourage his present employees
to refer m inority group ai,pllcants fo r employment. lnformatk>n
and procedures 'Nith regard to referring m inority group
applicants will be discussed 'Nith employees.
5. Personnel Actions: Wages, working condmons, and
employee benefits shall be established and administered, and
personnel actions of eve ry type, Including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination. shall be
taken without regard to race, color, re llglon, sex. national
origin , ave or disability. The following procedures shall be
followed:
a. The contractor will cond uct periodic Inspections of
project slles to Insure that working conditions and employee
facilitles do not Indicate dlsaimlna tory treatment of pro/ect site
personnel.
b. The contraclor will periodically evaluate the spread of
wages paid 'Nithln each d asslficatlon to determine any
evidence of discrim inatory wage practices.
c. The contractor 'Nill periodically review selected
persoonel action:?-In depth to determine whether there Is
evidence of dlscrfli~!!"' Jtlon . Where evidence Is found , the
contra ctor will promptly tak e corrective action. If the review
Indicates tha t the dl!;t':1'/mfnalicn may extend beyond the
actions reviewed , such corrective action shall lnciude all
affected persons.
d. The contractor wlll promptl y Investigate all co mplaints of
alleged dlsaimlnatlon made to the contractor In connection
wi th his obligations unat,r this contracl, will attempt to resolve
such complalnts, and will take appropriate corrective action
within a. reasonable ti me. If the Investigation Indicates that the
discrimination may affect persons other than the complalnanl,
such corrective action shall Include such other persons. Upon
completlon of each Investigation , the contractor wlll Inform
every complalnant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist In localing, quallfylng, and
Increasing the skllls of m inority group and women employees,
and applicants for employment.
b. Consistent wilh the contractor's work force
requirements and as permissible under Federal and Stale
regulations, the contractor shall make full use of training
p1 "'9ram s, I.e.. apprenticeship, and on-the-fob tra ining
programs for the geographlc:al area of contract perfOffllance.
Where feas ible, 25 percent of apprentices or trainees In each
occupation shall be In their first year of apprenticeship or
tral,ilng. In t+\e event a special provision for training Is provided
under this contract, th is subparagraph wilt be superseded as
Indicated In the special provision.
c . The contractor will advise employees and appllcants
for employment of available tra ining programs and entrance
requ!rements for each .
d . Th e contractor will periodically re view the training and
promotion potenUa l of minority group and women employees
and will encourage ellgible employees to apply for such training
and promollon.
7. Unions: If lhe co ntractor relies In whole or In part upoo
unions as a source of employees , the contractor will use
his/her best efforts to obtain the cooperation of such unions lo
Increase opportunities for m inority groups and women within
the un ions, and to effect referrals by such un ions of minority
and female employees. Actions by the contractor either
directly or through a contractor's assodallon acting as agent
"Will lnd ude the procedull!s set forth below:
a. The contractor will use best efforts to develop, In
cooperallon with th-, unions, Joint training programs aimed
toward qualifying more m inority group members and women
for membership In the unions aiid Increasing the skllls of
m inority group employees and women so Iha! they may qualify
for higher paying employment.
b . The con tractor will use best efforts to Incorporate an
EEO clause inlo each union agreement lo U1e end that such
union 'Ni ll be contractually bo und to refer app1Jcants without
regard lo their race , color. reHglon , sex, national of1gin, age or
disability.
c . The contractor Is lo obtain Information as lo the
referral practices and policies of the labor union exce pt that to
the extent such Information ls within the e,cduslve possession
of the labof union and such labor union refuses to furn ish such
information to the contractor, the contractor shall so certify to
the SHA and shaU set forth what efforts have been made to
obtain surh lnfoonatlon.
REQU:RED BY 23 CFR 633 .102 -
d. In the event the union Is unable lo provid e the
contractor with a reasonable ftow of minority and women
referrals within the time limit set forth In the coUecllve
bargaining agreement. ltle contra c!Of WIii , through Independent
re cruitment efforts, tlll the employment vacancies withoul
regard to race, color. re ligion, sex, national origin, age or
dlsablllty: making full eff0f1s lo oblaln qualified and/or
qualifiable mlnOflty group persons alld women. (The OOL has
held that It shall be no excuse thal the un ion with which Iha
contractor has a collectlve bargaining agreement providing for
exclusive referral failed to 1efer m inority employees.) In the
event the union rfi fe rral pra ctice pre vents the coniractor trom
mealing the obligaUons pursuant to Exer,uUve Order 11246, as
amended. and these special provis ions. such contractor shall
lmmedlii .aly noti fy the SHA.
8. Selectlon o r Subcontractors , Procurement ot
Materlats and leasing or Equipment: The contractor shall
not discriminate o,, the grounds of race . color, religion , sex.
natfonal origin, age or disabilfty In the selectlon and retention of
subcontractors, Including .;irocurement of materia ls and leases
of equipment.
a. The contractor shall nolify all potentlal subcontractors
and suppliers of his/her EEO obligations un der th is contract.
b . Disadvantaged bus iness enterprises (DBE). as
dellned In 49 CFR 23, shall have equal opportunity to compete
for and perform subcontracts which the contractor enters Into
pursuant to this contract The contractor will use his best
efforts to sollcll bids trom and to utilize DBE subcontractors or
subcontractors with mea nlngful minority group and female
rep resentation amono the ir employees . Contractors shall
obtain lists of DBE construction finns trom SHA personnel,
c. The contractor wlll use his best efforts lo ensure
subcontractor complia nce with the ir EEO obllgallons.
9 . Records and Reports: The contractor shall keep sucn
records as necessary 10 docum~nl compliance with the EEO
requirements. Such reCOf'ds sha ll be retained for a period of
three years followi ng compleUon of l 'le co ntract wor1c alld shall
be avail able a~ reasonable time s an o places for Inspection by
authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shalt c.Jocument
the following:
(1) The number of minority and non-minority group
members omd women employed In each work d asslficatlon on
the project;
(2) Th e progress and efforts being made In
cooperation 'Ai th unions . wtien applicable, to Increase
employment opportunltier '°' minorities and women;
(3) The progress and efforts being made in locating,
hiring, tra ining, quali fying , and upgrading m inority and fema le
employees; and
(4) The progress and efforts bl!lng made In securing
the services of DBE subcootractors or subcontractors with
meaningtul min ority and female representation among their
employees ,
b. Th e contractors will submit an annual repon to the
SHA each July for the duration of the project, Indicating !he
number of minority, women , and non-minority group
employees currentty engaged In eac;;'1 worlt d asslffcaUon
required by the contract wor1c . This in fom,atlon Is to be
reported on Form FHWA-1391 . If on-the Job tra ining ls being
required by special provision. the con tractor wi ll be requ ired lo
collect and re port training data.
Ill. ~ONSEGREGATED FAC ILITIES
(Applicable to alt Federal-aid construc tion con tracts and lo
all related subcon tra cts of $1 0 ,000 or more.)
a. By submission of th is bid, the eJCecutlon of th is
con tract or subcontra ct, "' the ~o.,summatlon of th is material
sup pl y agreement or purchas,, order, as appn. priate, the
bidder, Federal-aid construction contractor, subcontraclor,
material supplier, or vendor, as appropriate , certltles that the
firm does not ma intain or provide for Its employees any
segregated facitilles al any of Its es tablishments, and lhal the
fi rm does not permit its employees lo perform their services at
any location , under Its control, where segregated faci lltles are
ma intained. The firm agrees that a breach of tnis certification
ls a vlola llon of the EEO provisions ol th is contract. The firm
further ce nlfles lhat no employee will be denied access to
adequate lacilil!es on ltle basis of sex Of disability.
b. As used In th is certlffr.atfon, the term "segrega ted
facil ities" means any v,;a ltlng rooms . work areas, restrooms and
washrooms , restaurants and other eating areas. tlmedocks ,
locker rooms. and other storage Of dressing areas , par1<Jng
lots, drinking fountains, recreation or entertalnmenl areas,
transportation, and housing fa ci lities provid ed for employees
which are segregated by exptlcil di rective . or are. In fact .
segregated C.'n the basis of race, color, rellglo n, natlonal origin ,
age or disability, bec...u se ol habit, local custom , or otherwise.
The only excoptlon will be for the dlsabled when the demands
for accesslbillty override (e.g. disabled parking).
c. The contractor agrees that ii ha s obtained or will obtain
Identical certi fication trom proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
malerla l :.upply agreements of $10,000 or more and that It will
reta in sucn certifications In Its files.
IV. P AYMENT OF PREDETERMINE D MINIMUM WAG E
(App!lcable lo au Federal-aid construction contracts
exceeding 52,000 and to all re lated subcontracts , except for
projects located on roadways cias slned as local roads or rural
minor collectors. wh ich are ex empt)
1. General :
a. All mechanics and laborers employed or working
upon the slle of lhe work will be paid uncondftiona11y and not
less often than once a week and withoot subsequent deduction
or rebate on any account (except such payroll deductions as
are permitted by regulations (29 CFR J) Issued by the
Secretary of Labor under tho Copeland Acl (40 U.S.C. 276c)J
the full amounts of wag6s and bona fide fringe benefits (or
cash equivalents thereof) due al tim of payment. Th e
payment shall be co mputed at wage rates not less than those
contained In the wage determina tion of the Secretary of Labor
(hereinafter "the wage determinallori") whlct, Is attached hereto
and made a part hereof. regardless o: any contractual
relatlonshlp which may be alleged lo exist between the
contractcr or Its subcontractors and such laborers and
mechanics . The wagr determination (lncluCJlng any addlUonal
d asslncatlons anCI wage rates conformed under paragraph 2 or
th is Section IV and the DOL posler (WH-1321) or Form
FHWA-1495) shall be posted al all times by the contractor and
its subcontractors al the site of the work In a prominent and
acce ssible place where ii can be easHy seen by the WOrkers .
For th e purpose of th is Section. contributions made or coslS
reasonably anticipated for bona fide frin ge benefits under
Se ction 1(b)(2) of the Davis•Bacon Act (40 U.S.C . 276a) on
l>ehall of laborers or mechanics are considered wages paid to
sucn laborers or mechanics. subject lo the provisions of
Section IV, paragraph 3b, hereof. Also, for the purpose of this
Section, regular contributions made or cos ts incurred for more
tha n a weekly period (but not less often than quarterly ) under
plans. funds , or programs, wh ich cover the pa rtl cular weekly
period. are deemed to be constructively made or Incurred
REQU IRED OY 23 CFR 6JJ .102 -
•
•
•
•
•
•
during such weekly period. Such labofers and mechanics shall
be paid lhe approprta u, wage ralft and fringe benefits on the
wage determination for lhe dasslficallon of wor1t actua lty
perf0mled , without regard to skfll, e11:cept as provided In
paragraphs 4 and 5 of this Section IV .
b. Laborers or mechanics performing wort( In fflOf8 ttµ,,.11
one dasslficatlon may be compensated at the rate s!)eQfled for
each dissificatlon for the time actually W'0(1(ed therein ,
provJded , that the employer's pa yrol l records accurately set
for1h the lime spent In each dasstflcatlon In which \WMC 11
performed .
c. All ru lings aoo lntef'P(eta Uons of the Oavls-Bacon Act
and 1·e1ated acts contained In 29 CFR 1, 3, and 5 are here in
lncorpomted by reference ln th is contract.
2. ClaHIRcatlon:
D. The SHA contracting officer shall 1eqvlra that an y
dass of laborers or mechanics employed under the contract,
which Is nol ltsted In the wage determination, shall be
dassllied In con fonnance wll', the wage determination .
b. The contracting officer shall approve an addltional
dassificatlon, wage rate and fringe benefits only when the
following criteria ha ve been met:
(1) the WO<!< to be pe,fonned by lho addiUonal
dasslncauon requested Is not perfomied by a classification In
the wage delennlnatlon ;
(2) the addlUonal ciassiftcaUon is uUllzed In the area
by the con struction Industry;
(3) the proposed wage rate , 11,cludlng any bona flde
fringe benefits , bears a reasonable r11:,tlonshlp to the wage
rates contained In the wage deter.nlna tt.>n ; and
(4) with re.,pec t to helpers , when such a
cla ssiflca tlon prevalls In the area In which the work I!
performed .
c. If the contraclof' or subcontractors , as appropriate, the
laborers and mechanics (lf known) to be employed In the
additlonal cla ssification or their representatives , and the
contracting officer agree on the dasslflcatlon and wage rate
(lndudlng the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
contracting officer to the DOL, Administrator of the Wage and
Hour Division , Employment Standards Administration ,
Washington, O.C. 20210. The Wage and Hour Administrator,
or an authorized representative , will approve , modify, or
disapprove every additional classifi cation action withVl 30 days
of rece ipt arid so advise the contracting officer or will notit/ the
contracting officer within the 30-day period that addltlonal t!me
Is necessary.
d. In the event the contractor or subcontractors, as
app(oprl:Jle , the lab<vers or mechanics to be employed In the
addllion al classlftcati..•n or their repr,sental!ves , and the
contracting officer do not agree or the proposed dasslftcallon
and wage rate Qndudlng th e amount designated for fringe
benefits, where appropriate), the contracting officer shall refer
the questions , induding the views of all Interested parties and
the recommendaUon of the contracting officer, to the Wage
and Hour Adm inis trator for determlm ,'ion Sa id Administrator,
or an authorlzed representative , wUI issue .: ~tennlnatlon
within 30 days of receipt and so advise the c:,ntracting officer
or will notify the contracting officer within the 3l~ay period that
addlUonal time is necessary
e. The wage rate (lndudlng fringe benefi ts whlfe
appropfi ate ) determ ined pursuant to paragraph 2c or 2d of this
Section IV shall be pald to all "NO"-ers pertormlng wont ln th e
addllfonal classlflcaUon from the first day on wh ich Y,Qf'I( Is
performed In the cl as slncatlon .
3. Payment of Fringe Deneftl1 :
a. Whe never !he minimum wage rate pre!!a1bed In the
contract for a dass of labc:-ers or mftChan lcs lndudes a fring u
benefit which Is not expressed as an hourty ra1e , the contractor
or subcontractors, as appropriate, shall either pay the benefit
as stated In the wage det ermina tion or shall pay another bona
fide fringe bene fit or an hour1y case eq uivalent thereof.
b. If the contracto, or subcontractor, as appropriate ,
does not make 1yments 10 a trustee or other third person ,
he/she may consider as a pan of the wages of any laborer or
mechanic th6 amounl of any costs reasonably antici pated In
providing bOna ftde fringe benefits under a plan or prcgram ,
provided , that the Secretary of Labor has found , upon the
written requesl of the contractor, that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractO< to set aside In a separate
account assets for the meutlng of obligations under the plan or
progra m.
4. ApprentlcH ind Tralnffl (Programs of the U.S. DOL)
and H1lper1 :
a. Apprentice s:
(1) Appren tices will be permitted to work at less than
the prede termined rate for the wor1< the y parlormed 'Nhen they
are employed pursuant lo and Individually registered In a bona
fide ap p:e,nlces hlp program registered with the DOL, EmP'o)t•
men! and Tra ining Adm inistration , Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recogn ized
by the Bureau , or If a person Is employed In his/her first 90
days of probat':lnary employment as an apprentice In such an
apprenUceshlp program , who Is not Individually registered In
the program , but who has been certil\ed by the Bureau of
Apprenticesh ip and Tra ining or a Stale apprenticesh ip agency
(where appropriate) 10 be elig ible for probationary employment
as an appre ntice .
(2) The allowable ratio of Apprentices to
Joumeyma l'Hevel employees on the job site In ar:.. craft
dasslflcatlon shall not be greater than the ratio pennltter, to the
contractor as to the entire work force under the reg.'rtered
program . My employee listed on a payroll at an apprtsiitlce
wage rate , who Is not registered or olherwlse employed as
stated above , shaU be paid not less than the applicable wage
rate listed In the wage determination for the classification of
'NOfk actually performed . In addition , any apprentice
performing WOO( oo the Job sl te In .Jxcess of the ratio permitted
under the registered program shall be pa id not less than the
ap~llcable wage rate on the wage detennhlalion for tt. wor'c
actually perfom,ed . Where a contractor or subcontractor Is
perform ing construction on a project In a locality other than tnal
In which its program is registered. the ratios and wage r.1tes
(expressed In percentages of the joum eymar-fflvel hourty rate)
specified In the contractor's or subcontractof's regis tered
program shall be observed .
(3) Every ap,renlice must be pald at not less b ,.10
the rate specified In the registered program for the apprenUce's
level of progress , expre!\Sed as a percentage of the
jou rneyman-level hourty rate specified In the applicable wage
detenn lnation . Apprentices Mlall be paid hinge benefits In
accon:sance with th, provl slcn~. of th e apprenticeship program .
If the apprenticeship program does not specify hinge benents ,
apprentices must be paid the tun amount of fringe benefits
listed or: the wage determination kx the applicable
cl assi fication . If the /..dmlnlstrator for the Wage and Hour
Otvlslon determines tt,at a different practice prevails for the
app11cat ·. app:-.,,uce 1-:lass lflcatlon , fringes shall be pa id In
accordan ce wi th that d,,term lna tlon .
REQUIRED BY 23 CFR 6)).102 -
(4 ) In the e11ent the Bureau of Apprenticeship and
Training, or a Stale apprenticeship agency recognized by lhe
Bureau, withdraws approval of an apprenticeship program, the
contractor or subcontrac1or will no longer be permitted to utillze
apprentices al less lhan lhe applicable predetermined rate for
the comparable wont perf01med by regular empl'Jyees until an
acceptable program Is approved.
b . Trainees:
(1) Except as provided In 29 CFR 5.15, tra inees will
not be perm11ted to work at le ss than the predetermined rate tor
the work perlonned unless lhey are employed pursuant to and
lndlvkiually registered In a program which has received prior
approval, evidenced by formal certification by ttle DOL ,
Employment and Training Administration.
(2) The ra tio of tra inees lo journeyman-level
employees on the job sl1e shall not be greater than permitted
under the plan approved by the Employment and Training
Administration. Arly employee lisled on the payroll at a trainee
rate wh o Is not reglslered and participati ng In a tra ining plan
approved by the Employment and Training Admlnlstratfon shall
be paid no! less than the appllcabte wage rate on the wage
delermlnatlon for the classlftcatlon of work actually performed ,
In adc1 ltion . an y trainee perfomllng work on the ,ob site In
excess of the ratio permitted under the registered program
shall be paid not le ss than the applicable wage ralo on the
wage detennlnatlon IOf the work actually performed .
(3) Every trainee must be paid at not less than the
rate • .1trcified In the approved program for his/her level of
progress. expressed as a percentage of the foumeyman-level
hour1y rate speafied In the applicable wage determination .
Trainees shall be paid fringe benefits In accordance with the
provisions of the trainee program. If the trainee progrnm does
not mention fringe benefits . trainees shall bf paid the full
arnounl of fringe benefits 1ls1ed on the wage determination
unless the Admln lstra!Of of lM Wage ;ind ~our Division
determines Iha! there 11 an apprentices/ 1:, program associated
with the corresponding jol.:me.,.man-l evit: "Nage rate on the
wage determination wtlleh provides for le ss than full fringe
benefits for apprentices, \.,, which case such trainees shall
receive the same fringe benefits as apprentices.
(4) ln ltle e\•ent the Employment and Training
Administration withdraws approval of a training pre.gra m , the
contractor °' subcontractor will no longer be permitted to utilize
trainees at less tha n the applicable predetermined ra1e for the
Vll'Ont performed until an acceptable program is approved.
c. Helpers:
Helpers will be permll!~d 10 wont or J project if the
helper dassificatlon Is specified and defined or, the applicable
wage determination or Is approved pursuant to the
conformance procedure set forth In Section IV .2. Afly WO<ker
llsted on a payroll at a helper wage rate , who Is not a hel~er
under a approved dennltlon. shall be pa id not le ss ttlan the
applicable wage r.11e on the wage determination for the
dasslflca tion of WO<k ac1uaUy performed.
5. Apprentices and TrainHs (Programs of the U.S.
DOT):
ApprenticP.s and trainees 'NO('.<lng under apprenticeship
and skill tra in ing programs wh ich have been certifi'!d by the
Secretary of Transpor1atlon as promoting EEO in connection
with Federal-aid highway :::onstructlon programs are not
subject to th e reQulrements ol paragraph 4 of this Section IV.
The straight time hour1y wage rates for apprentices and
trainees under sueh programs wlll he established by the
particular programs , The ratio ot a::,prentlces and tra inees to
Jou rn eymen shall not be greater than perm itted by the terms of
lhe pa nlcular program.
6. W I '1hol dlng:
The SHA shall upon Its own action or upon writlen
request of an 'Juthorized representative ol the COL withhold , or
cause to be -.,thhe !d, from the contractor or subcontractcr
under this conl;act or any other Federal conlract 'Nlth the Hme
prime contractt..•r, or any other Federally-assisted contract
subject to Oa\tl!i•Bacon prevailing wa,. t requirements which Is
held by the same prime cootr'Jctor, as much of the accrued
payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices , tra inees, and
helpers, employed by the contractO< or any subcontractor the
full amount of wages required by the contract. In the event of
failure to pay any laborer or mechan ic. tnci uding any
apprentice , tr.Jinee , or helper, employed or wonting on the site
of the work, all or part of the wages required by the contract.
the SHA contracting officer may, attar written notice to the
contractor, take such ac-tion as ma y be necessary to cause the
suspension of an y furth 1r paymenl, advance , or guarantee of
fu nds until such violations have ceased .
7. Overtime Requlramen11 :
No contractor or subcontractor contracting for any pan
ol the con tract WCO( 'Nhich may require or involve the employ-
ment of laborers, mechanics, watchmen , or guards (Including
apprentices . tra!nees , and helpers described In paragraphs 4
and 5 above) shall require or permit any laborer, mechanic,
watchman, or guard In any workweek In which he/she Is
employ9d on such won<, to wont In excess of 40 hours In such
workweek unless such laborer, mechanic, watchman, or guard
receives compensation at a rate not less tha n one-and-one-
,,alf limes his/her basic rate of pay for all hours worked In
exces:i of .tQ hours In such workweek.
8. Vlolaflon:
Liab ility for Unpaid Wages: Liquidated Damages: In the
tJ\l'Onl of any violatlon of the clause sel forth In pa rag raph 7
abc :e , the contractor and any subcontractor responslblo
thereof shall be Hable to the affected employee for his/her
unpaid W3ges . In addition, such contractor and subcontractor
shalt be llable to !he United States (In the case of 'MJnt done
under contract for tho District of Columbia or a territory, to such
OlSb'ict or to such territory) for Hqulda led damages. Such
l~uldated damages shall be computed with respect to each
Individual laborer, meehanic, watchman, or guard employed In
violation of the cit.use set forth In paragraph 7, In the sum or
$10 tor each calendar day on whleh such employee was
required or permitted to wor1t In excess of the standard wont
week of 40 hours without payment of the overtime wage,
required by the dause set forth In paragraph 7.
9. Withholding for Unpaid Wages and Liquidated
Oamagt1:
The SHA shall upon its own action or upon written request of
any authorized representative of the OOL withhold . c,r cause to
be withheld, from any m onies payable on account of wont
performed by the contraclor or subcontractor under any such
contract or any l')th er Federal contract with the sa me prime
contractor, or any other Federally-as si!ited contract su bject lo
the Cootract Wont Hours and Safety Standards Act, whleh Is
held by tne same prime contractor, such sums as may be
determined to be necessary to satisfy any liabllltles of such
contractor or subcontractor fot unpaid wages and IIQ uldated
damages as provided ln the c.i ause sel fonh In paragraph 8
abo/8.
V. STATEMENTS AND PAYROLLS
REQU IRED O't' 2J CFR 6JJ .102 -
•
•
•
•
•
•
(Applicable lo all Federal-aid co nstruction contmcts
exceedi ng $2,000 and lo all re lated subcontracts , excep t fer
proje cts located on roadways classified as local roads or rural
collee10<s, which are exempt.)
1. Comr !!anc, with Copeland Regulations (29 CFR 3):
Tho contractor shall comply with the Cope land Regulati ons
of the Secrel3ry of Labor which are herein fncorpora led by
reference .
2. Payroll s an d Payro ll Record s : .
a. Payrolls and bas ic records relating thereto shall be
malntamod by the contra ctor and each subcontractor during
the course of the work and preserved fOf a period of 3 years
from the dato of completion ol the contract for all laborers ,
me cnanlcs , apprentices , trainees , watchmen , helpers , and
guards working at the site of the work .
b, Tho payroll records sha ll contain the name, social
securit/ number, and address of each such employee : his or
her correct d asslffcatfon: hourly rates ot wages pa id (I ncluding
rates of contributions or costs antfclpated tor bona fide fringe
benefits or t.ash equi valent thereof the types described In
Section 1(b)(2}(8 ) of the Davis Bacon Act): dally and wee kly
number of hours WOOi ed : deduc!Jons made; and actual wages
paid. In addiUon . ~~r Appa lachian contracts, the payroll records
shr.11 contain a no:.a l1on Indicating whether the employee does,
or does not. nonna 'ly reside In the labor area as defined in
Attachmenl A, para\rnph 1. Whenever the Secretary of Labor,
pursuant to Section IV, paragraph 3b. has found that the
wages of any laborer or mechanic Include th e amount of any
costs reasonably anticipated In provid ing benefits under a plan
or program described In Section 1(b)(2}(B) of the Davis Bacon
A ct, the contracior and each subcontractor sh all mainta in
records which show that the commitment to provide such
benefits Is enforceable, that tho plan or program Is financially
respons illle. that the plan or prog ra m has bee n com municated
In wfiU~ to the laborers or mechanics affected, and show the
cosl anIiclpated or the actual cos t Incurred In providing
benefits. Contractors or su bcontractors employi ng apprentices
or tra inees under approved programs shall maintain written
evidence ol lhe ~!stra~on of apprentices and tra inees, and
ratios and wage rates prescribed In the applicable programs.
c. Each contracior and subcontractor shall furnish , each
week In wh ich any contract work Is performed . to the SHA
resident engineer a payroll of wages paid each of Its
employees {Incl ud ing apprentices . trainees, and helpe rs,
described In Section IV , paragraphs 4 and 5. and watc.trme n
and guards engaged on work during th e preceding weekly
payroll period). The payroll submitted shall set out accurately
and completely all of the Information required to be maintained
under ~aragraph 2b of thls Section V. This lnfoonalion may be
submitted In any form de sired. Optional Form WH.347 Is
availab le for this purpose and may be purchased from the
Superintendent of Docu ments (Federal stock number 029-005-
00i4-1), U.S. Government Printing Office, Washlnpton, O.C.
20402. The pnme contractor Is responsible for the subml~sion
of eagles of payrolls by all subcontraelors .
d. Each payrol l submitted shall be accompan ied by a
•statement of Compliance: signed by the con tractor or
subcontra clor or hls/her ageni who pays or supervises the
payment of the persons emµloyed under the contract and shall
certify the fol lowing:
(1) that the payrol ' for tl'le payroll period contains the
Informatio n requ Ire<1 to be r ,a lnta lned under paragrap h 2b of
this Sectloo V and that sud, Information Is correcl and
complete:
(2) thaI such la borer or mechanic (I ncluding each
helper, apprentice, anc tra inee) employed on the con tra ct
duri ng the payroll period has been paid the full week ly wages
earned , without rebate, either directly or indirectly, and that no
deductions have been made either directly or Indirectly from
the full wag es earned , other than pennlssl ble deductions as set
forth tn the Regulations , 29 CFR 3:
(3) tha l each la borer or mechanic has been paid not
less tha t the appllcable wage fate and fmge benefits or cash
equivalent for the cta sslflca llon of worked performed , as
speci fied In the applicable wage determi nation incorporated
Into the contra ct.
e. The weekly submission of a property executed
certification set forth on th e reverse side of Optional Form WH-
347 shalt satisfy the requirement for submissi on of lhe
·statemenl of Compllance" requ ired by paragraph 2d of u,ts
Section V.
f. The falsification of an y of the above ce rtifications may
subject th e contractor to civil or criminal prosecution under , 8
U.S.C. 1001 and 31 U.S.C. 231 .
g. The contractor or subcontra ctor sh .. ,, make tne
record s r&Qu lred under paragraph 2b of this Section V
available for lnspectloo , copying, or transcrip llon by au thorized
representatives of the SHA, U1e FHWA, or the OOL, and shall
perml! such representatives to Interview employees during
work.Ing hours on the /ob . If the contractor or su bcontractor
falls to submit the required records or to make them available,
the SHA. the FHWA, the DOL, or all may, after written noll.:e
to the contractor. sponsor, applicant, or owner, take such
actions as may be necessary to cause the suspension of any
further payment. advan ce , o, guarantee of funds.
FurthermOfe, failure to submit the req uired records upon
eques t or to make such records avallat>le may be grounds for
deb,.n ment action pursuant to 29 CFR 5.12.
n RECORD OF MATERIALS , SUPPLIES , ANO LABOR
1. On all Federal-aid contracts on the Nationa l Highway
System . ellcept those which provide solely for the ln stallaU on
of protective devices at railroad grade crossings, those which
are constru cted on a force account or direct labor basis,
highway beauUfi ca tlon contracts, and contracts for which the
total final construction cost for roadway and bridge Is less than
$1 ,001.J.OOO (23 CFR 635) the contractor shall:
a. Become fa mil iar with the 11st ol specific materials and
supplies conta ined in Form FHWA-47, "Statement of Materials
and Labor Used by Contractor of Highway Con struction
In volvi ng Federal Funds,· prior to the commencemen t of work
under this contract.
b. Maintain a record of the total cost of all mate rials and
supplles purchased for and Incorporated In the work. and also
of tho quantities of those speci fic materials and supplles listed
on Form FHWA-47, and In the un its shown on Form FHWA-47.
c. Furnish , upon th e completion of the contract. to the
SHA resident engineer on Form FHWA-47 together with the
data required In paragraph 1b relatlve to materi als and
supplies, a final labor summary of all contract wor1c. Indicating
the to tal hours wor1ted and the total amount earned.
2. At the prime contractor's op tion . either a single report
covor1ng all contract work or separale reports for the contractor
and for each subcontract shall be submitted.
VII . SUBLETTING OR ASS i GN ING nIe CONTRACT
1. The con tractor shall i:,erform with its own organlzatil .,..
contraci WOJ k amounting I,:. nol te ss than 30 percent (or a
grealer percentage if speu ,,t.t/ els ewhere In the contract) of the
total original contrael pri~ ..:d ud ing any specialty items
designated by the Stale. Speorlty items may be performed by
REQUIRE D BY 2J CFR 6JJ .l02 -
suboontract and the amount of any such specialty Items per-
fomied may be deducted from lhe total original f'.OOtract price
before compulfng the amount of wonc rt.quired to be performed
by lhe contractor's own organ ization (2 3 CFR 635).
a. ·its own organization" shall be construed lO Include
only workers employed and paid directly by the prime
contra tor and equipment owned or rented by the prime
contractor, with or withO\.lt operatoo . Sueh tenn does not
Include employees or i?~ulpment of a subcontractor, assignee ,
or agenl of the prin11:: contractor,
b. "Specialty Hems· shall be construed lO be limited lo
'NOrk lhal requires highly specialized knowledge, ablllties , or
equipment not on:tlnarily available In the type of contracUng
organizations qualified and e11pec1ed to bid on the contract as
a whole and In general are to be llmiled lo minor components
of the overall contract.
2. The contract amount upon which the requlremvnts set
forth In paragraph 1 of Section VI I is computed lndudes the
cost of material and manufactured products which are to be
purchased or prod uced by the contractor under the contract
provisions.
3. The contractor shall furnish (a } a compelenl
superintendent or supervisor who Is employed by the Rrm, has
full authority to direct perfOfTllance of the work in accordance
with the contract requirements , and Is in charge of all
constructton operations (regardless of who performs tne work)
and (b) such other of its own organizational rc~N irces
(supervision, management. and engineering services) as the
SHA contracting officer determines Is necessary to assure the
perfonnance of the contract.
4 . No portlon of the contract sha11 be sublet. assigned or
otherwise disposed of e11cept with the written consent of the
SHA contracting officer, or authorized representative, and such
consent when give n shall not be construed to relleve the
contractor of any re sponslblllty for the fulfillment of the
contract. Written consent wm be given only after the SHA has
assured that each subcontract Is evidenced in wnUng and that
It contains all pertinent provisions and requirements of the
prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the pertormance of this conlracl the contractor shall
comply with all applicable Federal, State , and local laws
govemtng safety, health , and sanitation (23 CFR 635). The
contractor shall provide all safBQuards, safety devices and
protective equipment and take any other needed actlons as It
determines, or as tne SHA contracting officer may determine,
to be reasonably necessary to protect the life and health of
employees on the Job and the safety of Iha public and to
protect property In connection with the perfonnance of tne work
covered by the contract.
2. It Is a condition ol this contract, and shall be made a
condition of each subcontract, which the contractor enters Into
pursuant to this contract, thal the contractor and an y
,1ubcontractor shall not permit any employee , In performance
1Jf the contract. to wor11; In surround ings or under conditions
which are unsanitary, hazardous or dangerous to his/her health
or safety, as determined under construction safety and health
standards (29 CFR 1926) promulgated by the Secretary of
Labor. In accordance with Section 107 of the Contract Wont
Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3. II Is a condition of this
contract that the Secretary of Labor or authOl'ized
representative thereof. shall have righl of entry to any site of
contract performance to inspect or lnvestigafe the matter of
compliance with the construction safety and health stand.i.rds
and to carry out the duties of tne Secretary under Section 107
or the Conlract Wont Hours and Safety Standards Act (40
u.s.c. 333).
IX . FAlSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction In
confonnity with approved plans and specifications and a high
degree ol rellablllty on statements and representations made
by eng ineers , conltaclcrs, suppliers, and workers on Federal-
aid highway projects, 11 is essential that au persons concerned
with the pro/ect perform thei r functions as carefully, thoroughly,
and honestly as possible. WIiifui falslflcatlon, dlstortlon, or
misrepresentation with respect to any facts related to the
project Is a violation of Federal law. To prevent any
misunderstanding regarding the serlou,;ness of these and
similar acts, tne following , .. ~::~,;s :milll be posted on each
Federal-aid highway project (23 CFR 635) In one or more
places where it Is re adily available lo all persons concerned
with the project:
NOTICE TO All PERSONNEL ENGAGED ON FEDERAL·
AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
Whoever, being an officer, agent, or e,npfoyee of tho U11ited
States, or of any State or Territory, r:,r whoever, wheth or a
person, association, firm, or co,porat1':n, knowinuly makes any
false statement, fa/so mpmsentat/on, or false report as to tho
character, quality, quantity. or cost of the materi!II used or to
be used, or the quantity or quality of the worlr performed or to
be performed, or the cost thant0f in connection with the
submfssion of plans, maps. specifications, contracts, or costs
of construction on any hiQhway or relatect project submitted for
approval to the Secretary of Transportation: or
Whoever knowingly makes any (else statement, fefse
representation, false report o,· false claim wilh respect to the
character. quality, quantity, or cost of any worlr performed or to
be performed. or materials fumlshad or to be fumlshed, in
connection with the construction of any highway or related
project approved by lhe Secretary of Transportation: or
Whoever Jmowingfy makes any false statement or false
representation es to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined nol morn thal $10,000 or imprisoned not mom
than 5 years or both.•
X. IMPLEMENTA'nON OF CLEAN AIR ACT ANO FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable 10 alt Federal-aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of thic co~: -:t. ,ir
subcontract, as appropriate, lhe bidder. Ff ~r.· •rid
construction contractor, or subcontrnctor, as appror, ., Nill
be deemed to have stlpl'1ated as follQWt,:
1. That any fa cility that Is or will be utilized In the performai1ce
of th is contract, unless sucn contract Is exempt under the
Clean Air Act. as amended (42 U.S.C . 1857 11 ug., as
amended by Pub.L. 9 1-604), and under tne Federal Water
Pollution Control Act, as amended (33 U.S .C. 1251 Al ug., as
amended by Pub.L. 92-500), Executive Order 11738, and
regulations ln Implementation thereof (40 CFR 15) ls not listed,
on the date of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating FaciUtics pursuant lo
40 CFR 15.20 .
REQU IRED B Y 23 CFR 633 .102 -
•
•
•
•
•
•
2. Thal the flnn agrees to comply and remain in compllance
with all the roqu lrements of Section 11 4 of the Clean Air Ac!
a11d Sectlon 308 of the Federal Water Pollutlon Control Ac:t and
all revu la tlons and guidelines Hsted thereunder.
3. That tfle firm shall promptty notify the SHA of the rece ipt of
any commun ication from the Director, Office of Federal
Actlvttles , EPA , lndlc.1tlng tha t a facility that Is or will be utilized
for the contract Is under consideratlon to be llsted on the EPA
list of Violating Fa cilltles .
4, That th e nmi agrees to lnduda or cause 10 be ln.;luded the
requiremen ts ol paragraph 1 through 4 of th is Section X In
every nonexempt subcontract, and further agrees to take such
action as lhe govtimmen t may direct as a means of enforcing
such reoulrements .
XI . CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,
INELIGIBILITY ANO VOLUNTARY EXCLUSION
1. ln1truct1ons for CertlRcatlon • Primary Covered
Transacttons:
(Applicable lo all Federal-a id contracts -49 CFR 29)
a. By signing and submitting th [s proposal, the
prospective primary participant Is providing the certification se t
out below.
b. The lnabllity of a person to provide lhe certificatlo-,
set out below will not necessarily result In denial of
participation In this covered transaction. The prospectl\ie
participant shall submit an explanation of why ll cannol provide
the certification set out below. The certification or explanation
will be considered In connection with the department or
agency's detennlnatlon whether to enter Into th is tran saction.
However, ta flure ol the prospective primary participant to
furnish a certification or an explanation shall dlsquallfy such a
person from participation In th is transacdon.
c. The certification In th is clause Is a material
representaUon ol lact upon wtl lch reliance was placed when
the department or agency detennlned to enter Into this
transaction. If it Is later delennlned that the prospective
primary participant knowing ly rendered an erroneous
certification , In addlUon to other remedie s available to the
Federal Government, the department or agency may term inate
this transaction for cause of default.
d. The prospective primary partici pant shall provide
Immediate written notlce to the department or agency lo wtlom
th is proposal Is su bmitted lf any time the prospective primary
participant learns tnat Its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The tenns ·covered transaction: ·debarred:
•suspended,• inellglbfe: iower tier covered transaction:
·participant: ·person: •pri mary covered transaction:
·prtnclpaI: ·proposal: and "Voluntarily excluded: as used in
this clause, have L'le moaning, set out in the Definitions and
Coverage sections of rules lmplemenUng Executive Order
12549 . You ma y contact the department or agency to which
th is proposal Is submined for ass istance In obtaining a copy of
those regulatloos.
f. The prospective primary participant agrees by
submitting this proposal that, should lhe proposed covered
transa cti on be entered Into, 11 shall not knowingly enler into any
lower tie r covered transaction with a person who Is debarred,
suspended, dedaroo inetig1ble . or voluntarily exduded from
participation In this covered transaction, un less authorized by
the department or agency entering inlo thls transaction.
g. The prospective primary participant further agrees by
Zlt.b mittlng this proposal that It will Include the dause titled
·t,..ertlficaUon Regarding Debarment, Suspension , lnetlglblllty
:. d Vol untary Exclusion-Lower Tier Covered Transaction:
it 'Ov!ded by the department or agency entering Into this
";"_ dfed transaction, withou t modification, In all lower tier
red transactions and In all soli ci ta tlons for lower tier
,,,~red transactions .
n. A participant In a covered transaction may rely upon a
cerl.f, Uon of a prospective participant In o lower tier covered
transaction that Is not debarred, suspended, Ineligible , or
vol untarily exduded from the covered transaction , unless II
knows thal the certification is erroneous. A participant may
decid e the method and frequency by wh ich It determines the
eligibillty of its princlpals. Each participant may, but Is nr>t
required to , check the nonprocurement portion of th e ·usts of
Parties Exduded From Federa l Procurement (If
Nonprocurement Programs~ (Nonprocurement List) which is
compiled by the General Services Ad ministration .
I. Nothing conta ined In the toregolng shalt be construed
to requ ire establishment of a system of records in order to
render In good fa ith tho certification required by this dause.
The knowledge and information of participant Is not required to
exceed that which Is oonnalty possessed by a prudent person
In the ordinary course of business dea lings.
J. E.xcepl for transactions authorized under paragraph f
of these Instructions, If a participant In a covered transaction
knowingly ente~ lnlo a lower !fer covered transaction witn a
person wtlo ls suspended, debarred, Ineligible, or voluntarily
excluded from participation In th is lrnnsactlon, In addition to
other remed ies available to the Federal Government, the
department or agency may tennlnate thi s transaction for cause
or default
Certlflcallon Regarding Oebannenl, Suspension,
lnellglblllty and Voluntary Exclualon-Primary Covered
Transactions
1. The prospective primary participan t certifies to the best of
its knowledge and bellef, that It and its principals:
a. Ate not presenUy debarTed , suspended , propcsed for
debannent, deciared lnellglble, or VO:untarily excluded from
covered transactions by any Federal department or agency,
b. Have not within a 3-year period precedlno th l$
proposal been convicted of or had a civil Judgemen t rendered
aga inst them for commission of fraud Of a aimlnal offense In
connection with obta ining, attempting to obtain, or performing a
public (Federal, Stale or local) transaction or contract under a
public transaction; vlotalion of Federal or State antftr\lst
statutes or commission of embezzlement, theft, forgery,
bribery. lalsiftcallon or destruction of records, making false
sta tements, or receiving stolen property;
c. Are not presently Indicted for or otherwise crimlnally
o, civilly charge<! by a govemmenral enUly (Federal, sra1e or
local) with cc;r,mlsslon of any of the offenses enumerated in
paragraph 10 o, ,,_.,is certificalion; and
d. H• ·1 not wi thin a 3-year ~~riod pn,cedlng th is
appHca tion/pr-.,r,o:.at had one or ITlOf~ p.tbllc transactions
(Federal, Stain or local) terminated for c-:-u:;.: or defaull
2. Where the prospective primary participant ts unable to
certify to any or the statemen ts in th is certiftc.aUon, such
prospectfve participant shall attach an explanation to th is
proposal.
RE QU IRED BY 2J CFR63 3.102 -
2. Instructions for Certlflcallon • Lower Tier Covered
Transactions :
(Appllcable to all subcontracts, purchase orders and other
lower tier transactions or $25 ,000 or more . 49 CFR 29)
a. By sign ing and submitting th is proposal, the
prospectlve lower tier Is pri vid1ng the certlflcadon set out
below.
b. Th e certification In this cla use Is a material
representation or fact upon 'Nhlch rellance was placed when
th is transaction was entered lnto. If 11 ls laler determined that
the prospective lower tier participa nt knowingly rendered an
erroneous certifi cation , In addition to other remed ies available
lo the Federal Government, the department, or agency with
which this transaction origina ted may pursue available
remedies. Including suspension and/or debarment.
c. The prospective lower tier partici pant shall provide
Immediate writ/en notice to the person to which this proposal Is
submitted If at any time the prospective lower tier participant
learns that Its certlficadon was erroneous by reason of
changed circumstances.
d. The terms "covered transa ction," "debarred:
·suspen ded ." "Ineligible," "primary covered transaction,·
"participant," "person," "princi pal." "proposal," and ·vo luntarily
excluded," as used in this clause, ha ve the meanings set out In
the Oenn ltlons and Coverage :Jectlons of rules Implementing
Executive Order 12549, You r11ay contact the person to whlcl1
this proposal Is submitted for assistance In obtaining a copy of
those reg ulations ,
e. The prospective lower tier particip ant agrees by
submitting this proposal that. should the proposed covered
transaction be entered into , lt shalt not knowingly en ter Into c1ny
lower tier cove red transaction wllh a person who Is debarred ,
suspen ded. declared Ineligible, Of voluntarily excl uded from
participation In th is covered transaction, unless aulhorized by
the department or agen cy wilh wh ich this transaction
originated.
I. Th e prospective lower tier participant further agrees by
submitting this proposal tl'lat II will Include this clause titled
"Certification Regarding Debarment. Suspension. lnellgibllity
and Voluntary ~xciuslon-Lower Tier Covered Transacti on,"
without modification , In all lower tier covered transactions and
In all sollcltallons 10< lower tier covered transactions .
g, A partlcipilnl In a covered transaction ma y rely upon a
certlflcallon of a prospective participant In a lower tier covered
transaction that is not debarred, suspended , Ineligible, Of
volunta ri ly exduded from the covered transaction, unless it
knows thal the certification is erroneous. A participant may
decide the method and frequency by which II determines the
eliglbillty ol Its principals. Each participant ma y. but is not
requ ired to , check the Nonprocurement List.
h. Noth ing contained In the foregoing shalt be construed
lo requ ire establishment of a system of recOf'ds In order to
rende r In good faith the certification requ ired by this d ause .
The knowledge and infonnatlon of participant ls not required to
exceed that wh ich ls normally possessed by a prudent person
ln the ord inary courso of business deatlngs .
t. Except IOl transactions auth orized unde r pa ragra ph e
of the!;e Instructions , If a participant In a covered transaction
knawingly enIers Into a lower tier covered transaction with a
person who Is suspended , debarred, lne llglbte. or voluntarily
exduded lrom participation In th is transaction, In addition to
other re med ies avail able to the Federal Gove mment, the
departmen t or agency wlt11 which this transaction origlnatod
ma y pursue available remed ies, lncludlng !l uspenslon an d/0<
debarment.
Certification Regarding DtblnTitnt, Susptnsion,
lnellglbUlty and Voluntary Excluslon-Lower Tltr Covered
Transactions:
1. The prospective lower tie r pa rticipan t certifie s, by
submission of th is proposal, that neither It nor its principals Is
presently debarred , susptmded , proposed for debarmenl,
declared lneHg lble, or voluntarily exclu ded from participation In
th is transaction by an y Federa l department or agency.
2. Whero the pr04Jpectlve lowe r Uer partldpanl Is unable to
certify to any of the stater ,tents In thls certin calion , su ch
prospective participant shall atta ch an explanation to tt,ls
proposal .
XII . CERTIFICATION REGARDING USE OF CONTRACT
FUNDS OR LOBBYING
(Applicable to all Federal-aid construction contracts and to
all re lated subcontracts which exceed S1 00 ,000 • 49 Cr-R 20)
1. The prospe ctive participant certifies , by signing and
submitting th is bid or proposal , lo the be st of his or her
knowledge and be llef, tha t
a. No Federal appropriated funds have been pa id or will
be paid, by or on behalf of the und ersigned , to any person for
Influencing or attempting to Influence an officer or employee of
any Federal agency, a Member of Congress , an officer or
employe e of Congress. or an employee of a Member of
Congress In conn ection with the awan::t lng of any Federal
contract, the maki ng of any Fed era l grant. the making of any
Federal loan. the entering into of ony cooperative agreement,
and the extens ion , continuation , renewal , am endment, or
modification ol any Federa l contra ct, grant, loan, Of
cooperative agreement.
b. If any funds oth er than Fede ral appropriated funds
have been pa id or wUI be paid to any person for Influencing or
attempting to Influence an officer or employee of any Federal
agency, a Member of Congress. an offi cer or employee of
Congress , or an employee of a Member of Congress In
connection with this Fed eral contract. gra nt, loan , or
cooperative agreement. th6 undersigned shall complete and
submit Standard Fonn•LLL , ·oisclosure Form to Report
Lobbying ,· ln accordance with Its Instructions.
2. This certification is a materi al representation of fact upon
which reliance was placed when th is tran saction was made or
entered Into. Submission of this certification Is a prerequisite
for making or entering Into th is transaction imposed by 31
U.S.C. 1352. Any person who fails to file the requ ired
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100 ,000 for each such fa ilure .
3. The prospective participant also agrees by submitting hls
or her bid or proposal that he or she shall requ ire that the
language of this certi fication be included In an lower lier
subcontracts, which exctied $100 .000 and that all such
recipients shall ce rti fy and dls close accordingly,
REQUIRE D BY 23 CFR 633 .102 -
•
I. EXHIBITC FUNDlNG PROVTSlONS
• A. The Local Agency has esti mated th e total cr,st th e Wo rk to be $145,000 .00 which is to be
fun ded as follow s:
BUDGETED FUNDS
I
a Federal Funds $116 ,000 .00
$ 80 %Iof Particioatino Costs
I
b Local Agency Matching Funds $29 ,000 .00
20 %1 of Particioatina Costs
I
c Local Agency Matching for COOT-Incurred Non-Participating $00.00
Costs
(Includ ing Non-Participating Indirects)
I
TOTAL BUDGETED FUNDS $145 ,000 .00
I
ESTIMATED COOT-INCURRED COSTS •• I
a Federal Share $00 .00
o/o lof Participatina Costs
I
b Local Share
Local Aaencv Share of ParticipatinQ Costs $
Non-Participating Casts (Including Non -$ --Participatina lndirects\(1c)
Estimated to be Billed to Local AQencv $00 .00
I
TOTAL ESTIMATED COOT-INCURRED COSTS $00 .00
I
ESTIMATED PAYMENT TO LOCAL AGENCY
I
a Federal Funds Budgeted (1 a) $116,000 .00
b Less Estimated Federal Share of COOT-Incurred $00 .00
Costs (2a\
I
TOTAL ESTIMATED PAYMENT TO LOCAL AGENC) $116 ,000 .00 • I
FOR COOT ENCUMBRANCE PURPOSES
-35 -
Total Encumbrance Amount (5116,000.00 divided $145,000.00
bv80%
Less ROW Acauisition 3111 $00.00
Net to be encumbered as follows: $145,000.00
Desicm 2312 1P 3020 $20,000.00
Const 2312 1P 3301 $125,000.00
Mis c 2312 1 P 3404 $00.00
B. The matching ratio for th e federal parti cipRtin g funds for this project is 80% federal-aid funds
(C FDA #20 2050) to 20 % Lo ca l Agency funds , it being understood that such ratio applies
onl y to the $145 ,000.00 that is eligi bl e for federal participation, it being further understood
that all non -participating costs are borne by the Local Agency at 100%. If the total
part icipating cost of performance of the Work exceeds $145 ,00 0.00, and additional federal
funds are made available for the project, the Loca l Agency shall pay 20% of all such costs
eligible for federal participation and l 00% of all non-participating costs; if additional feder al
funds are not made available , the local agenc y shall pay all su:h excess costs . If the total
participating cost of performance of the Work is less than $145,000.00, then the amounts of
Loca l Agenc y and federal-aid funds will be decreased in accordance with the funding ratio
des cribed herein . Th e performance of the Work shall be al nQ cost to the State.
C. The maximum amount paya ble to the Local Agency under this contract shall be $116,000 .00 ,
(For COOT accounting purpose s, the federal funds of$116,000.00 and local matching funds
of$29,000.00 will be encumbered for a total encumbrance of$145,000 .00), unless such
amou nt is increased by an appropriate written modification to this contract executed before
an y increased cost is incurred . It is understood and agreed by the parties hereto that the total
cost of the Work stated here inbefore 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 availab le from federa l and/or state and/or Local Agency sources, as
appli cable. Should U1ese sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein , the co ntract ma y be terminated by either party, provided that any
party terminating its interest and obligations herein shall not be relieved of any obligations
-36-
•
•
•
•
wruch existed prior to the effective date of such tennination or wruch may occur as a result of
such termination .
-37-
SPECIAL PROVISIONS
CO NTROLLER'S APPROVA L
1. Thi• COl'llrKI lhall not bl deemed v,lid unbl it 1h11 have been 1P(lfOY9(1 by tne Coottolltf of Int State ol Colorado or II.Ir', oaslstanl H he may
0t1Jgna111. This ptOV11lon 11 1pplicat>II IO any conlf'K1 lnvolw,,g the payment ol money by lhe Slllt
h .lN D AVAILABI LITY
2. F'inancial obl~lion• ol h Stall of Colorado payable 1fle, !he current ftsc:al )11■r are o,nUnoent upon funds tor thal purpose being appropriated ,
budgeled, and olhefWise made av11lable .
BOND REQUIREMENT
3. tf tris contnlct lnvolvel the pa)'l1lttnl of more than ftrty thoui.and dollars for the construction, erection, repa ir, maintenance, or lmprov11ment ol any
building, road. bndge, viaduct. tunnel, 11,1;1vallon or olher puoac wor1' !or 1h11 Slate , the Conlrletor 1hall, before entering upon the perforrr.ance ol any lur:h
WQf1I induded in 1h11 conllad. duty e.xea,te and dtlMr IO Irle Slate offldal lll'ha wJ1 aigrl the c:onltlct. I good and sufflc:ient bond OI' Of'lef acceptable luttty IO
bt appn,Y9d by uid o""'-1 In, penal sum no1 IHI than one-'1111 of lne total IIT'IOl.W11 payable by the tenn1 o! thi1 contlKt. Suen bond 1h11 be duly executed
by I qualified corporate 11nry conditioned upon lhe laitntul pe,fol'mance of lhe conlract and In aod1tlon, &hall provide that if the Conlmctor or hl1
1Ubcontractor5 la~ to duly pay for any labor. material,. team hire, sustenonce . provislon1, provendot or other supplies uled or c.>nwmed by such ContraClol'Ot
t-.. tubconll'KtO< In perlormance of the work conlracted 10 be done or 11111 10 pay any penon who IUl)Olles '9ntal rn1c.hioery, IOOlt, or equipment In lhe
prosecudon of the ~ lhe aurety will pay the 11me in an 1moun1 not e.xceecllng lhe 1um lpecil\ed In the Clond , 10gtther wilh :"\tllft!~ ill the rate of eighl pe,
cent per annum. Unir.11 IUCh bond Is txeculed, deliver9d and flied, no claim In favor of the ConlractOf arillng under 1ueh contrac:1 1h11 be audited, allowed or
paid. A certified or cntW1 ehack Of a bank money Otder payable to the Trusurer of the State of Colorado may be accepted Ir-lieu d a bond. This provision
11 In compllanc:e withCRS Ja..2&-1015.
INDEMNIFICATION
◄. To the elrtent authorized by law, the contractor 1hlll lndJmnlfly, save, and hold harmless the Stale, ftJ employee• and agents , aoalnSI any and Ill eta Im 1,
Damage,, litbl~ty and COUl'1 awards lndudlng OOltl, expef\181, Ind anomey lea incurred II I fHUh of any K1 or omlsllon by the c;ontr8cUJt, or ll, employees,
J. gen ti, subcontrK10fl, or 111ignees ptnUant 1o the tenn.1 of th.is contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contracult f9r"I to c:ompty with the letter and splnt of lhe Colorado Antldiscriminallon Ad ol 1 D57, 11 amended , and other appticable law
respecting dllcrimlnation and unfair employment prac1ices (CRS 24-34-,402). and as required by Executive On:ler, EQual Opportunity and Affirmative Action,
dated Apnl 18, 1975. Pursuant tt>Meto, the /olloM.VIQ provisions Shan bs confMned In all Stale contrac/S or subc'onfnK:ls,
During the performanc;e of U'il contrxt. the Contrac!or agrees as k>llows!
(1 ) The Conlnk:IOI' will not dlscriminlte agalnsl any employee or appllcant !of \vnpla~.ent because of race, creed, color, l\ltional origin. MIi, ma rita l status,
religion , anc:e11ty, mental or physical handicap, or age. The Conlrletor will take atl'lrmltr/9 action to lnMJre 1h11 appllcanll ,re emP'c)yed, and that
employees are trutecl dLl'ing employment. without regard to the above mentioned Charac:teristicl. Such action shlH lnctude, but not be limited to the
lolowing: employment upgrading. demotion, or transfer, l9Cl'Uilment or nta\lltn1ent iMM!ftislngs: lay,off1 or terminations: liltes ot pay or other lorms of
compens.atlon: and selel:tkln for tntlnlng, including apprenticeship. The Contractof agrees 10 post In conspicuous places. ava~able to employees and
opplleant1 lor employment, notices lo be ~ by the contracting oNker Hlting foM proYillons ol !hit non--dlsaiminallon dause.
(bl The ConltaCtor will, In a, sollotatlons or advertisements for ~• placed by or on behalf r:J lhe Contntctor, State lhal alt qualified appl!cantt wilt
rKeive contloeliltion lor •,mploymenl withool regard IO race, creed, COior, national origin, sex, mantal 1tn1u1, religion, ancestry, mental or phyllcal
handicap, or &09.
(c) The Conlrlciof wll nnd to each .abor union or rep,esentative of W0nlm wittl which he has a collective bargaining ag,eemen1 or olhef oontrac:t or
understanding, notice to Le provided bylhe contracting oll'lcer. l<Mling the labor union or WOl"kurs' representalive oflhe Contractor"scommitmenl under the
E.(ecvuve On:ler, EQual Op,,attunity and Affim\alivt Action, dated April 18, 11175, and rules, regulations, and relevanl Orders ol !he Governor.
(dl The C()nltactor and labori.n1ous wll lumlsh aN lnformadon and l'9pOl'tl reQuked by Execut!Ye On:ler. Equal Oppotlunityand Afflrmatrve Action of April 18,
11175, and by the rules, rwgulations and Orders ol lhe Governor. or pursuant thereto, and will permit access to his books, 1'8COf'd1, and ac:munll by the
contracting agency and the office r:J the Govemor or hit de,ignee for pvrposes ol lnvesligadon to aacenain compliance with sueh rules regulations and .......
(el A tabor" or;anization will not exclude any ndMdual otherwise Qualified m,m fun membership rigms in such labor organiz.atlon, or expel any wet,
wfividual rrom memoerlhip In such labor organlution or diaaimlnate ~nst any of its memt>en in the M enjoymen1 wonl opportul'lity bflcau1e of f"ICI ,
creed. colot, It.(, national 019", or at\COltry.
(f) A labor organiladon, or h employees or members lhereof will not aid, abet. Incite, a,mpel or ccerce the doing of any ace defined in !NI contract to be
dilCriminatory or obstruct or pnrvent any P8flOO from com~ with the provision of this contract or any order !ssued thereunder, or anempt, either dlractty
or indinlctly, to C0mm'1 any Id defined In this conlrad IO be dlscriminalory.
(g ) In the event of the Contractcr't non-a:wnplanc:e with the non-<!lscrimlnation clauses of this conlracl or with any of sud'I rules. f9VUlations. or orders, 1h11
c:ontr8Ct may be ~. tennlnaled or su,pended In wt'Ole or In pa,, and the ContrKtor m1y be dedllltd ineligible tor tunner State contracts In
ecc:orclanCII wllh procedures , 1vlhonitd In EAecutlYe Oilier, EQUil Op()omJnily and Afflnn1tlve Action of April 16, 1117!1 and lhfl rulH. regulallons:. or onjer.
p,omu!Qaled In aa:oiuance lt\erew,th. and IUCh otner sanctions II may be Imposed and remedies as may be invoked as p,ovided in Executive Orden,
Equal Opportunity and Afflnnative Action of April 18, 11175, or by rules , regulalions . or 0R1et1 pmmulga~ in accoraance thereWlth, 01 as otherWise provided
by l>w.
(h) The Conlractor 'NIii lndude the provillonl of paragraphs (1 ) through (h) In eve<y IUbcontract and loba>ntraciol' l)Ul'Chlll ord« unleH axempled by
Mel, regulations. or Ol'Wl luued pursu1nt to Exeanive Order. Ecual Opportunity and Af'rm\ltive Action of Apnl 18, 1'175. so tnal WCh provisions will be
binding u;,on Nd! subOOnlniCtOI' or vendor. The Contractor will take luch actl0n wi1h resl)IC'I to any subcontracting or purcnase order 11 !he conuacting
agency may dintcl 11 • muns d enlotang auch provitiona. lnduoing sanctions for non-compliance; p,ovided, hOwever, that In Int event the ConlrlCIOf
becomel Involved In, or Is threalened wiltt, N.t:on. wilh the subconll'K1or or venoor 111 result of suet\ direction by the con!J8Cting agency, the ContraclOI'
may request !hit State of Caknclo to enter Into sud! liti;ation to protect thl lnltrfft ol the State of Colcnoo.
COLORADO LABOR PREFERENCE
-38-
•
•
•
•
•
b. Wtwl a ~ c:ontract for a public project la to be awarded 10 1 bidder. 1 rnldent bidder WI be allowed 1 ~ against a non-realdc,nt
bidder from I Stall or lar-v, country equal to lhe preference giv9n or required by the Slllt or lontlgr, country In which the l'IOn-('Nldet,' blddef It a rolldenl If
It II detennlntd by h offlctl' tN4)Clnliblt lo, swarding 'he bid that ~ wilh this lubHc:tlon .08 may cauM denial of lednl lundt which would
olhetwlse brt availlble or WD!Jld othetwiae be lnconlislent with rwquitementa of Federal i.w, this tubleCtlort 1h11 be ausptnded, but only 10 Iha extent
necHtal)' IO prtvlnt denial ol hi moneys or 10 ellmlnlt1 lhe lncon.i.tancy 'MCh Fedcnt reqolt9rnenta (CRS l-19-101 and 102),
GENERAL
7. The t.wl ol lhe S11111 ol COkndu and I\IIH and ~lion• luutd purwant !hereto 1h11 be applied In h lnlefl)tetltlon, execution, ltf1d eoforcenwlt of
ltn contlllCL Any ~ cf this c:onnct wnelher 01 not lncorporllld hnln by l1INf'8nCI which provtdN fol atbilrltion by any~ body Of ~
or which 11 ~ In conftlct with .aid i.ws, rules , and l'IQUlltlonl ahlll be conlktered n~ and void . Nocnk\g contlin.d In any provillon lnc:ofl)Cn&MI herein
by reflr9nell whk:h purpartl to neoaie lhls or any 0Cher' apec:ial pn:Nialon In lflffl06a 01 In par1 ahtH be valid or enfon;elble or SY11ilat:6t In 11ry action al law
~byway ot cornpaint. OIMnM, 01 otMrw!N. MY provision~ nu1 and Y01c1 by the operadon ot this provision wt11 not 1nvt11c1ai. lhe rtmalnder ot
tNs contract IO IN ex:tenc lhatlhe contract It~ of exlCl.ltion.
a. At •• tlmn duMg lhe pltfonnance ol thlt c:ontrld. lhe ConnclDI lhd strictly adhere to all applicable federal and State laws, rules, I nd regulations 1h11
have bNn or may hire.,_ be ettabbhed.
II .~ t>CRS 24-30-202.4 (• amended~ lhe ICl!ec:oitrollwmay'Ml'lhokl debts owe,ji>ttale ager,c;iesundafhYendoroffNtlnlertllpt lysllm lor: {a) Lr,pald,....__, .... ,.dild__,...._,(b)..,,.,bllanceolllx..,.,,,_,_o ---lnAltide21,TllleJQ,CRS :(c)Lr,pald
lolnl due 10'-~ lmnd'vlliorl cl lhe ~of~DJCaton; (d) owed lfflOll'rtl r....,..:110 be paid b the ~compenutlon funct ; and (e)
Olhlr..-'lpaicl dttl9 0WMQ i> the atatlor any agency ""901', h llTICl!nolwhk:h ls bni lo be 0'lloing u •~cl !',,al agencydetermNtlon or l90JOl!ld to
Jud!Jnent•ca11r.td by .. CDnlrtlllf.
10. The slgnalOriN...., ltll1 they are lamillar wilh CRS 18-8301, tl aeq .. (Bribety and Com.ipl lnfltMOCeS) and CRS 1U-401, el aeq ,, (AboA of Public
Office). Ind Utat no violation ol such pn,vitlons ls present.
11, The slgnaloritt avw lhlt to theirkr~Nledge . no Slale empq,M hu any personal or beneflclal Interest wnatsoevet In lhe WYice or property dncribed -·
-39 -
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of th e Ci,·,! Rights Act of 1964 and with Section 162(a) of the Federal
Aid Highway Act of I 973 , the Contrr,ctor, for itself, its assignees and successors in interest , agre e as
follows :
A. Compliance with Regulati ons" The Contractor will comply with the Regulation s of th e
Department of Transportation rel ative to nondiscrimination in Federally assisted programs ofth~
Department of Transportation (Title 49 , Code of Federa l Regulations , Part 21, herei nafter
referred to as the "Regulations"), which are herein incorporated by reference and mad a part
lhis contract.
B. Nondiscrimination . The Contractor, with re gard to the work r erfo rmed by it after award and
prior to completion of the contract work, will not discriminatr on the ground of rac e, color, sex ,
mental or ph ys ical handicap or national origin in the selection and retention of Subcontractors ,
including procurement of materials and leases of equipment. The Contractor will not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program se t forth in Appendix C of
the Regulations.
•
C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all •
solicitations either by competitive bidding or negoti ation made by the Contractor for work to be
performed under a subcontract , in cluding procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Co ntract or of the Contractor's obligations
under thi s contract and the Regulations relative to nondi sc rimination on the ground of race ,
color, sex, mental or physical handicap or national origin.
D. Information and Reports . The Contractor will pruv ide all information a.id reports required by
the Regulations , or orders and instructions issued pursuant thereto and will permit access to its
books, records , accounts, other sources of informaticn 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 instructions . Where any information required of the Contractor is in the exclusive
possession of anoth er who fai ls or refuses to furnish this information, the Contractor shall so
certify to the State , or the FHWA as appropriate and shall set forth what efforts ha ve been made
to obtain the information.
E. Sanctions fo r Noncompliance . In the event of the Contractor's noncompliance with the
nondiscrimin atio n pro visio ns of this contract, the State shall impose such contract sanctions as it
or the FHW A may determine to be appropria1e , including, but not limited to :
I . Withholding of payments to th e Contractor under the co ntract until the Contractor complies,
and/or;
2. Cancellation, termination or suspens ion of the contract, in whole or in part .
--l O-
•
•
•
F. lncomoration of Provisions . The Contractor will include the provisions of paragraphs A through
F in every subcontract , including procurement of materials and leases of equipment, unless
ex empt 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, •hat, in the event the Contractor becomes involved in , or is threatened with, litigation
with a Sul" ~ntractor or supplier as a result of such d. • -"'lion, the Contractor may request the
State to enter into such litigation to protect the interest of the State and in addition, the
Contractor may request the FHW A to enter into such litig :,tion to protect the interests of the
United States .
41 -
ADDE:NDUM A: FE:DE:RAL REQUIREMENTS
Federal laws and regulations th at may be applicable to the Work include :
A. The "Uniform Administrative Req uirements for Grants and Cooperative Agreements to State
and Local Gov~rnments (Common Rule), at 49 Code of Federal Regul atio ns, Part 18, except lo
the extent that other applicable federal requirements (including the provisions of 23 CFR
Parts 172 or 633 or 635) are more specific than provisi ons of Part 18 and therefore
supersede such Part 18 provisions . The requirements of 49 CFR 18 include, without
limitation :
I. the Local Agency/Contractor sha ll follow applicable procurement pw rerl,ures , as req ui re d by
section I 8.36(d);
2. the Local Agency/Co ntractor shall request and obtain prior COOT approval of changes to
any subcontracts in the manner, and to the extent req uired by, applicable provis ions of
section 18 .30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any COOT approval, the Local Agency/Contractor's attorney, or other
authorized representative , shall also submit a letter to COOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures , and with 18.37 subgrant procedures, as applicable ;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in •
I S.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms an c' conditio ns of those subcontracts .
B. Executive Order 11246 of September 24, I 965 entitled "Equal Employment Opportunity," as
wnended by Executive Order 11375 of October 13 , 1967 and as supplemented in Departme nt of
Labor regulations ( 41 CFR Chapter 60) (All construction contra cts awarded in excess of
$10,000 by grantees and their contractors or subgrantees).
C . The Copeland "Anti-Kickback" Act (I 8 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Pan 3) (All con tracts and subgrants for construction or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Pan 5) (Construction contracts in excess of $2 ,000 awarded by grantees
and subgrantees when required by Federal grant progrwn legislation . This act requires that all
laborers and mechanics employed by contractors or sub-contractors to work on construction
projects financed by federal assistance must be paid wages not less than those established for the
locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supp lement ed by Department of Labor regulations (29 CFR Part 5). (Construction
co ntracts awarded by gra.,tees and subgrantees in excess of $2 ,000 , and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers). •
-42-
•
•
•
F. Standards , orders, or requir ements issued und er sec tion 306 of the Clear Air Act (42 U.S.C .
185 7(h), section 508 of the Clean Water Act (33 U.S .C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
subgrants of amount s in excess of$l00,000).
G. Mandatory standards and poli cies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub . L. 94-l63).
H. Office of Management and Budget Circulars A-87, A-21 or A-122 , and A-102 or A-110,
whichever is applicable.
I. The Hatch Act (5 USC 1501-l508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organizat io n involved in the administration of federall y-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 ac ts require that no person shall , on the grounds of race, color, national origin ,
age , o t hanciicap, be excluded from participation in or be subjected to discrimination in any
prognun or ac ti vity fimded , in whole or part , by federal funds;
K. The Americans with Disa bilities Act (Public Law 101 -336; 42 USC 12101 , 12102, 12111-
12117, 12 131-12134, 1214 1-12150, 12161-12165, 12181-12189, 12201 -12213 47 USC 225 and
47USC61I.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646 , as amended and Public Law 100-17, IOI 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 ~-
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq . and its implementing
regulation, 45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S .C. 794 , as amended, and implementing
regulation 45 C.F.R. Pa11 84 .
0 . 23 C.F.R. Part 172, concerning "Adminis tration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts".
Q. 23 C'.F.R. Part 635, concerning "Co nstruction and Maintenance Provisions".
R. Title VI o'the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act o f 1973 .
The requi ements for which are shown in the Nondiscrimination Provisions, which are attached
hereto 'lllCI made a pan hereof.
-4 3-
A TI ACHME NT LO
Certification for Federal-Aid Contracts
The contractor certifie s, by signing this contract , to the best of its knowledge an belief, that:
I . No Federal appropriated funds have been paid or will be paid, by or on be:1alf or the
undersigned , to any person for influencing or attempting to influenc e an o fficer or employee of
any Federal agency, a Member of Congress, an officer or employee ,,f Con 1!fess , or an employee
of a Member of Congress in connection with the awarding of an y Federal loan , the entering into
of any cooperative agreement , and the extension , continuation, renewal , amendment, or
modification of an y Federal contract , grant , loan , or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid ,,, auy person
for influencing or attempting to influence an officer or of Congress, or an employee ofa
Member of Congress in connection with this Federal contract , grant , loan , or cooperative
agreement , the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Repon Lobbying ," in accordance with its instructions .
This certification is a material representation of fact up ~n whi ch r~li >..c"r. w 1s placed when this
•
transaction was Made or entered into Submissiou of this certificatio n !'• prer~quisite for making or •
entering into this transaction imposed by Sectir,n 1352, Title 31 , U.S. Code , Any person who fails to
file the required certification shall be subject ,o a ci vil penalty of not les s than $10,000 and not more
than $100,000 for each such failure .
The pro spective participant also agree by submitting hi s or her bid or proposal that he or she shall
require that th e language of this certifi cation be included in all lower tier subcontracts , which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingl y.
Required by 23 CFR 635 .112
-44-
•
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
slnoN I. Policy.
It is the poli cy of the Colorado Depanmenl of Transponation (COOT) that disadvantaged bu siness enterprises shall
have the maximum opponUDity to participate in the performance of contracts financed in whole or in part with Federal
funds under this agreement, pursuant to 49 CFR Part 23 . Consequently, the 49 CFR Part IE DBE requirements the
Colorado Department ofTransponation DBE Program (or a Local Agency DBE Program approved in advance by the
State) apply to this agreement.
SECTION 2. DBE Obligation .
The recipient or its contractor agrees to ensure that disadvantaged business enterprises as det ermined by the Office of
Ccnification al tl.a Co lorado Department of Regulatory Agencies have the maximum opponuni ty to participate in tlir
performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement. In this regard, all participants or contractors shall talce all necessary and reasonable steps in accord i!l,a,' with
the COOT DBE program (or a Loc al Agen cy IJBE Program approved in advance by the State) to ensure th at
dis advantaged ' iness enterprises have the maximum opportunity to compete for and perform contracts. Reci pients
and their cont, 'S shall not discriminate on the basis of race, color, national origin , or sex in th e award and
r C DOT assisted contracts.
DBE Program .
.. contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the
Colorado Depanmeot ofTransponation, 1988 , as amended , and shall comply with the applicable provisions of the
program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the contractor upon request:
Business Programs Office
Colorado Department ofTransponation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303)757-9234
Required by 49 CFR Pai1 23.41
ADDENDUM B: CONTRACT MODIFICATION TOOLS
a.ocal Agency and the State may use a Funding Lener in order to more expeditiously change and amend the te rms
o1'fis contract, if such use is warranted by the circumstances as described aqd aurhorized therein.
45
Under this Contrac,, the Local Agency has agreed to provide funding based on the terms as described herein as needed
to satisfactorily perform and complete the work, subject lo the availability of funding .
Funds are currenlly available and encumbered for the wo rk in the amount specified above . However, the total cost to
complete the work, and the resulting total funding amounl(s) to be provided by the State and Local Agency in exch ruai
therefor, as described in this Contract or otherwise made known to the Local Agency, are only estimated . •
If the parties detennine that they hav~ underestimated/overestimated the total cost of the work. they have the right to
take the following action :
to increase/decreas e the amount of avai lable funds under this Contract.
In the event of this action, the State wi ll notify the Local Agency thereof by Funding Letter. The Funding Letter will be
in a form substantia lly equivalent to the form attached hereto, and it shall not be de~med valid until it shall have been
signed by the Local Agency and approved by the State Controller or such assistant as he may designate .
•
•
46
' COLORADO DEPARTMENT OF TMNSPORTATION AUTHORITY :
CONTRACT Fl:NDINC INCREASE /DECREASE AND APPROVAL LETTER State Controller Po lley letter on Jun e 12 , 1996
, Region : Comr,lete sectio n I and submit to COOT Co ntroller's office . COOT Controll er lener on Mav 23 , 1996
1 l nh ls form 10 be ,, .. ~ for the follo wi ng contracts /situations only (ch eck the appro pri ate situation):
_ ndefinlte quantity, order more /add more _utlllty /rallroad , underesti mate d total cost
_COOT con str uction, sum or CMO's _LA construct ion, underestimated cost
COOT cons tru ction, underest imated total co st CO OT consu ltant, underestimated cost
SECTION 1 (Req\on use)
Date: (2) Prolect co de (3)
To : COOT Controller (FAX #(3 03) 757-9573 or e-mail CONTROLLER) Project# (4)
Fro m: I Office : (5) Pho ne # (5) I FAX# (5)
Rea io n # (5) .... ....;
COOT has execu ted a contract with : (6) I
Address : (f.) I
FEIN # (61 Co ntract rout ing # (7) COFRS encumb r~nce. I (l nd lute PO, SC or PG I) (81
Fund I Orgn . I Appro. I Prgrm . Fune . I Obj ect /Sub -obj N/P I CBL Reporting Ca t9. I Proj /Sub /Pha se
(9) (9) (9) (9) (9) (9) (9) (9) (9)
Orig inal contract moun t Has a Budget Reque st been processe d to cove r the contract amount increase?
• '10) .... _ ves no (14)
-l ous Funding Lene r(s) total Preparer•s na me (1 S)
S (11)
(fwndlnt lt:IIU f I thru f _J PHONE NO :
Th is ~ u11 di ng l e tt er total Contract Admini strator's/Bus ine ss Manag er's Approval
s (12) (16)
{I__J PHO NE NO :
Adj usted co ntract amoun t COOT Des lgnee App roval
S (13) (17)
local Agency app rova l
(18)
SECTION 2 (Controller's Office use) (19)
Total allotme 'it amou nt Commission budg et
s (19) s (19)
If constr uction : I CE cha rges I Ind ire ct ch9s I Adjusted contract amount plus tot>I CE & Ind irect
_CE pool ellg. (19) S (19) S (1 9) charges calc ulation S {19)
I have rev iewe d the fi nanc ial status of the project , organ izat ion , grant and have determined that suffic ient fund-; are : ,11 able
to cove r this Increase , effective as of (191 --
., Controller or Dele gee
(20) I Date
(20)
47
EXAMPLE A (Lump Sum Co ntracts } ~:1hiblt D, Page I of S
---Company Name : Project No . •· --Address : Proj ec1 Loc ation
Emp loyer (FEIN} ID Number : Suba ccount No .
Invoice Number and Dnte:
p;;;g~•; R~:'!)r1 Da ted:
% Comple1ed : (I}
Current Billing Period : From: To :
BAS IC AND / OR SUPP LEMENT AL CONTRACT TOTAL : (2) s
Tota l Billed 10 Date : s
Less : Rctairui.gc (10% of billing not to exceed 5% of contract) s .,
Less : Prio r Payments : s
Prior Billing : S Less Retainage : S s
TOTAL CURRENT PAYMENT REQUEST:• s
(% To da te of DBE work : }
I certify lhat the billed amounts arc in agreement with the contract terms :
o · ·--· -
•% Complc1cd x Contract Total = Tota l Current Payment Request
(I) X /2) -(') •
48
EXAMPLE B (Cost Plus Fixed Fee Co ntrnctsl Eihibll D, PaR• 2 or 5
Como1rnv Name : Project No .
Address:
Enmlovcr (FEIN) ID Nwnbcr· Pro'cct Locntion -lnvoicc Number and Date : -Proe:ri::ss Rcoon Dated : Subacco un t No.
% Comolctcd :
BA SIC AND I OR SUPPLEMENT AL CONTRACT TOTAL $
Prior ocriod Billin2 Amount: $
Curren t BillinR Period: Front To: --OIRECr LABOR: (List lndividu•ll vl
Regular Direct Hourl y Ra1c Overtime Cost
Emplo yee N•me Classifi ca tion Hours $ Hours• $
Current This P~:iod Total Amount to
Dote (Ontional}
Subtotal -Dir«t Labor s s
Ind irec t __ (%) (as specified in contract) s s
OTHER DIRECT COSTS (In-House)
List individually -at :ictual cost :is in fina l cost proposal ; mileage {miles X S), s $
CADD (hrs . x S\. eouio . rcntol (hrs . x S}. etc. -SUBTOTAL (DIRECT LABOR, rNDIRECT & OTHER DIRECT COSTS ) s s
• FEE(%) (As speci fied in the co ntnt ct) s s
OlJl'SIDE SERVICES (Subconsuhnnts & Vcndo11) (List individually) s s
(To be in the snmc fomu1 -attach copies}
% To Date on DBE Work s s
Outside Service s M11n11 gcme n1 Expense (when applicable) s s
TOT AL CURRENT PERIOD : s s
TOTAL TO DATE : $ s
LESS: Rc tainagc (10% of billing not to exceed 5% of contrac t) s $
LESS : Prior P•ymcnts s s
Prior Billing S Less Rctainage S s s
TOTAL CURRENT PAYMENT REQUEST s s
I cc nify that the billed amounts arc acrual and in agreement with the contract 1c1ms :
Z1 1gna1urc J IUC uatc
•Eli e:iblc classifications onlv: in accordance wi th contr3ct •
49
EXAMPLE C (Spe cifi c R,te s of Pay Co ntra cts\ Ex hibit D P• .. 3 of S
Comoanv N11.me : ProJcct No .
Address:
Emolo ve r /FEIN\ ID Number: PrOJC CI Locatio n •• In voice Number nnd Da te:
Prol!rcss Rcoort Doted: Sub3ccounl No . -
% Comole1cd : ·-BASI C AND I OR SUPPLEMENTAL CONTRACT TOTAL s
Prior Period B:Uimr. Amount: s
Curre nt llillin2 Peri od : From : To :
PA Y RATES : (List lndi vj:!_;,lh')
Re gula r Ovc n1mc Rat es of P•y Cost
Emolo vcc Nu ~ilC Classific ation Hours Moura• S/Hours .. s
-·
SUBTOTAL -PAY R.A'l Ef-. s
OTHER DIRECT COST~ (In-Housel s
List individuall y -al J1.;:.rn l n,tes as in finnl cos t proposal ; mileage (mi le s X S},
CADD (hrs . x Sl, e911io . rental (hrs . x $), etc . s
SUIITOT AL (P•Y i\•tes and Other Dirctt Rates)
OUTSID E SERV ICES (Subconsultants & Vendors) (Lis t individually) s <To be in the s.imc fontl3t -attnch con ies)
% To Da1c on DBE Work s II
Outside Services Ma.nagcmcnt Expense (when applic:1ble) s
TOT AL CURRENT PERJOD : s
TOTAL TO DATE : s
LESS : Rc ta inagc (10% of billing oot to exceed 5% of contract) s
LESS : Prior P,yments s
Prior Billing S Less Rctainagc S
TOT AL Cl 'llR.ENT PAYMENT REQUEST s
I certify that the billed amounts arc acrual 11.nd in agreement with the contnct 1enru :
Signnture Title Dale
•Eligibl e classific :i lio ns onl y: in accordance with contra ct
•• In acco rdance wi 1h contract
EXAMPLED (Local Aocncv Billin•l Date Exhibit D, PaP.e 4 o( 5
SECTION I. CONTRACT DATA
Local Agency: Project No .
Address : • Employer (FEIN) ID Number: Proje ct L-Ocarion
Invoice Nwnb:r and Date :
% Co mpleted : Subaccount No .
BASIC AND /OR SUPPLEMENT AL CONTRACT TOTAL : s
Federal Share s
Local Age ncy Share s
State Share$
Prior Period BiUing Amount: s
Current BUi in• Pe riod : From: To :
SECl'IO N II . INCURRED COSTS
DlRECT LABOR : (Lis t individuall y)
Employee Classific ati on Regular Di rect Hourl y Ovenime Cos t
Name How, Rate S Hours• s
Cuncnt Total to
SUBTOTAL -DIRECT LABOR This Period Da te
BENEFITS % OF DIRECT LABOR s s
•·
OTHER DIRECT COSTS (lo-House) s s
List individually-at actua l co ....
Mileage (miles • $), CADD (hrs. • $), s s
Equ ip rental (hrs . x S), etc.
OlrrSIDE SER VICES (Consultants & Vendors)
(List individually) (To be in this same format-s s
aruich copies of invoices)
TOT AL COSTS CURRENT PERIOD : s
TOTAL COSTS TO DATE : s
SECTION Ill . BILL ING
TOT AL BILLING CURRENT PERIOD
l_% OF TOT AL COSTS): s
Prior Billing: s
I certify that the billed amounts arc actual and in agreement with the contt11ct tcnns .
Si1tnnturc Ti tl e Ja tc
'. .Eligible class1fica11ons only
51
EXAMPLE E (Fixed Multipli er Co ntrlCls) Exhibit D, Pa•e 5 or 5
Comoa.n v Name : Project No .
Address ·
Emol over <FEINl ID Number: Project ~ocation al I Invoice Number and Da 1e :
Proercss Rcpon Dated : Subaccount No .
% Comoletcd :
BASIC ANO / OR SUPPLEME NT AL CONTRA Cl' TOTAL s
Prior Period 81llin~ Amount : s
Current Billin2 Pc:n od: From: To :
PAY RATES : (LiSI lndl viduoll y)
Re gular Certified Fixed Cost
Emolo vc c Na me Cl:l ss ific 1ui on Hours Hourly Rates Multiolier s
,-.
SUBTOTAL-PAY RATES : s
OTHER DIRECT COSTS (In -House) s
List indi viduall y -at actual r:u es as in final cost proposal ; m.ileagc (miles XS),
CADD (hrs. x S) couio . rcntol lhn. x Sl , etc. / s
SUBTOTAL (Po y R•tcs and O•hcr Direct R:ltcs)
OUTSIDE SERVICES ISubcoasu ltaots & Vendors) (List individuoll y) s <To be in the same fonnat -anach cooics)
% To Date on DBE Work s II
Outside Services Managemcn1 Expens'. (when applic ab le) s --TOT AL CURR.ENT PERJOD : s
TOTAL TO DATE : s
LESS : Rctainagc (10% of bill ing not to exceed 5% ofcontrn ct) s
LESS : Prior Po.yments s
Prior Billing$ Less Rc1ainage S
TOTAL CURR.ENT PAYMENT REQUEST s
I cenify that the billed amounts 11rc actual and in agrcemenl with the contrnc t terms :
Signature Title Date
•
•
Date
Oc:ober 7, 2002
INITIATED BY
COUNCIL COMMUNICATION
Agen da Item
10a iii
Subject
IG A w ith COOT for University
Bl vd. Sidewa lks
Department of Pub lic Works I
STAFF SOURCE
Ken Ross, Direc tor of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Coun cil approve d Res olution N o. 3, Series 1996, Resolution No. 78, Series 1999, and Reso luti on No. 43,
Seri es 2002, authorizing th e City to apply for Federal funds under the Transp ortati on Equity Act for the 21"
Century (TEA-2 1 ).
RECOMMENDED ACTION
Staff re commends Council approva l of a Bill fo r an Ordinance to enter into an ag reement with the
Colorodo Departm ent ofTransportation. This agreement covers financia l commitments rel ated to the
des ign and constructi on of "Un iversity Blvd . Sidewalks" .
BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
South University, between US 285 and En glewood's north city limit, is identified in the City's "Sidewalk
Missing Links". Installati on of sid ewa lk s at this location is desirable for th e safety and convenience of
pedestrians.
In 1996, th e City of Engl ewood re alized the potenti al to recei ve federal funds for this project. Staff
prepared applicati o ns and Council approved submitting to the D enver Re gio nal C0uncil of Gove rnments
(DRCOG) to include th is project in the Tran spo rtati o n Imp rovement Program (T IP). Bas ed on th e criteria
used by DRCOG, the proj ect did not sco re hi gh eno ugh to be included in th e TIP at that time. Th e City
continued to re-appl y for th e project over the following two TIP cycles an d DRCOG agreed (rega rdl ess of
th e sc ore) to in clude th e project for fu nding in FY 2003 . Amending our appli cati •Jn in any wa y would
require the project be thrown back int o the pool to co mpete.
The project cost estimat e an d sco pe of work us ed in 1996 we re not adjusted. Originall y, the total estimated
cos t was 5 i 45,000. The Federal sh are remains at th e 1996 programm ed amount of $116,000. Engl ewood
is respo n,;ible for all costs above the original estimate. The total es timat ed proj ec t cos t is now $216,000
and Eng lewood's match is now es tim ated at $100,000 .
The proposed intergovernmental agre ement addresses cos ts associated w ith design and construction of th e
project. D es ign w ill co mmence in late October 2002 with constructi o n an ticipated during th e summ er of
2003.
FINANCIAL IMPACT
The federal participation towa rds the Un iversity sidewalks is $1 16,000. Engle wood's match is estimated at
$100,000.
Adequate funding is being programm ed in the "Sidewalk s Miss ing Links " budget in the Public Improvement
Fund .
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental agreement
•
•