HomeMy WebLinkAbout1994 Ordinance No. 019ORDINANCE NO . 4
SERIES OF 1994
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
M E MBER HATHAWAY
AN ORDINANCE AUTHORIZING A COOPERATIVE CONTRACT FOR THE
PRELIMINARY ENGINEERING FUNDING FOR A CONCRETE BICYCLE PATH FROM
THE SANTA FE AND DARTMOUTH INTERSECTION THROUGH CUSHING PARK TO
HURON STREET, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND
COLORADO DEPARTMENT OF TRANSPORTATION.
WHEREAS, authority exisl• in the law and funds have been budgeted, appropriated
a nd otherwise made available and a sufficient unencumbered balance thereof remains
avai lable for pay ment of project and Englewood costs in Fund Number 400, Organization
Num ber 9991, Appropriation Code 010, Program 2000, Function 3020, Object 2312 1 P,
Report ing Cau.gory 6040, Contract Encumbrance Number 10479[00) D (Contract
Encumbra nc e Amount $10,000.00); and
WHEREAS, Federal-aid funds have been made available for a project, identified as
STE M395 -001 for preliminary engineering of a concrete bicycle path from the Santa Fe and
Dartmouth inlA!rsection through Cushing Park to Huron Street in the City of Englewood,
Co lorado ; and
WHEREAS , the matching ratio for this Federal-aid project is 80% Federal-aid fund s
to 20% City of Englewood fund s, it being understood that such ratio applies only to such costs
as are eligible for Federal participation, it being further understood that all non-
participating costs are borne by the City of Englewood at 100%; and
WHEREAS. the State ce rtifies that such work can be more advantageou•ly performed
by the City of Englewood ;
NO W, THEREFORE, BE IT ORDAINED !lY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
~ The Contract with the State of Colorado Department of Transportation for the
prelimin a ry engineering of a concrete bicycle path from the Santa Fe and Dartmouth
inlA!rsection through Cushing Park to Huron S treet in the City of Englewood, Colorado is
her eby accepted and approved by the Englewood City Council . The Mayor is authorized to
execute and the City Clerk to attest and seal tha Contract for and on behalf of the City of
Englewood, Colorado .
5.eJ:lilm.l. The Co ntract generally contains as follow s :
'-STATE COMMITMENTS :
A . The State will provide liai son with the City of Englewood, Colorado through the
State's Region Transportation Director, Region 6, located at 2000 South Holly
Street , Denver, Colorado 80222 . The Transportation Director will also b e
r esponsible for coordinating the State's activi ties under the Contract. The
Director will also issue a "Notice to Proceed " to the City of Englewood for
commen ce ment of th e work .
. J .
II. THE CITY OF ENGLEWOOD'S COMMITMENTS:
A . Preliminary engineering, design services, preparation of construction plans,
special provisions and estimates in accordance with the State's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction. Said plans shall include details of any required detours to prevent
any interference of the construction work and to protect the traveling public .
111. GENERAL PROVISIONS
A . The Ci ty has estimated the total cost of the preliminary engineering of a concret•
bicycle path fTom the Santa Fe and Dartmouth intersecti on through Cushing Park
tr.I Huron Street in Englewood, Colorado, hereinafter refe rred to as '"the w,:rk." to
be $10,000.00 which is to be funded as follows :
I. Federal participating funds
(80% of$10,000 .00 ) $ 8,000.00
2. City of Engl ewoo d
participating funds
(20% ofSl0,000.00) $ 2,000.00
Total Funds $10,000.00
B. The match ing ratio for this Federal-aid project is 80% Federal-aid funds to 20%
City of Engle wood funds, it being understood that such ratio applies only to such
costs as are eligible for Federal participation, it being further understood that all
n on -participating costs are borne by the City of Englewood at 1()0%. The
performance of the work shall be at no cost to the State. If the total actual cost of
performance of the work exceeds $10,000.00, and additional Federal funds are
made available for the project, the City of Englewood shall P•Y ~0% of all such
costs eligible for Federal part ici pation and 100% of all non-pard cip !i li ng CG!i ts. If
the total actual co st of performance of the work is less than $10,000. 1, ,h ;;n the
amounts of the City of Englewood and Federal-aid funds w;\1 be decreased i n
accordance with the fu nding atio described in the ContracL
C . The maxim um amount payable to the City of Englewood under the Contract sh'all
be S 8,000.00 (100% of the Federal Participating Preliminary Engineer;·,g funds)
unless such amount is increased by a written supplemental contract.
In troduced, rea d in full , and pa ssed on first rea ding on the 2nd day of Ma,, 1994 .
Publ is hed a s a Bill fo r an Ordinance on the 5th day of May, 1994.
Read by title and pa ssed on final reading on the 16th day of May, 1994 .
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3L ~;J, 'flA
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Elli s, City Clerk of the City of Englewood, Colorado , t ereby certify that
Lhe above and forego ing is a true copy of the Ordin ance passed on 1mal reading and
published by t itle as Ordi>t ance No . 1j, Series of 1994 .
~t1Flli·
Lo uc rishia A Elli s
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STE M395-001
Dutmouth Bike Tra il
(federal/University)
Region 3
CONlRACT
TiiIS CONTRACT, made this __ day of----~ 19~ by and
between the State of Colorado for the use and benefit of THE DEPARTMENT OF
TRANSPORTATION , hereinafter referred to as the Stat,,. and the CITY OF
ENGLEWOOD, ST A TE OF COlO Pv\ 00, hereinafter referred to ~s the Local Agency or
as the Contractor,
WHEREAS, authority e xists in the law and funds ha ve been budgeted, appropri-
ated and otherwise made av.i!aL'.., and a sufficient unencumbe red balance thereof
remains ava il abl e fo r payment of p1--1jec t and Local Ag,,,~y costs in Fund Number 400,
Organization N .,;·:rer 9991, Appropriation Code 010, Program 2000, Function 3020,
O bject 2312 1 P, L~porting Ca tegory 6040, Contract Encumbrance umber 10479 [00] D
(Contract Encumbrance Amount 510,lJc0.00); and
WHEREAS, required approva l, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 (c) of the In te rmodal Surface
Transportation Effici enc y Act of 1991, certain Federal fun ds have been and will in the
future be , allocated for the "provis ion of facilities for pedestria ns and bicycles, acquisition
of scenic easements and scenic or historic sites, scenic or historic highwa y program s,
landscaping and other scenic beaufaication, historic preservation, rehabilitation and
operation of historic transporta tion bu ildings, struc tures or facilities (including historic
ra ilroa d faci liti es and canals), preservation of abandoned railway corridors (including the
conve rsion and use th ereof fo r pedestrian or bicycle tr ails), control and re moval of
outdoor advertising, archa eological pl anning and research, and mitiga tion of water
pollu ti on due to hi g hw ay runoff ."; and
WHEREAS, Fed e ral -aid funds have been made av ailable for a p roject, identified
as STE M395-00 1 fo r prel imin~rv engineering o f a concrete bicycle path from th e Santa
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Fe and Dartmouth intersection through Cushing Park to Huron Street in the City of
Englewood, Colorado, hereinafter referred to as the work; and
WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463),
dated February 17, 1994, to the State setting forth therein preliminary details, information
and estimates of cost of this work, which data has been approved by the State; and
WHEREAS, the matching ratio for this Federal-aid project is 80% Federal-aid
funds to 20% Local Agency funds, it being understood that such ratio applies only to
such costs as are eligible for Federal participation, It being further understood that all
non-participating costs are borne by the Local Agency at 1()0%; and
WffiREAS, the Local Agency has estimated the total cost of the work and is
prepared to provide its share of the cost as evidenced by an appropriate ordinance or
resolution duly passed and adopted by the authorized representatives of the Local
Agency, a copy of which is attached hereto and made a part hereof; and
WHEREAS, said ordinance or resolution also est3blishes the authoritv under
f •
which the Loca l Agency er .\ers into this coritract; and
WHEREAS, this contract is executed by the State under authority of Sections
24-92-101 , et seq ., 29-1-2 03, 43-1-110, 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S ., as
amend eri ; a r1
WHEREAS, the parties hereto desire to agree upon the division of responsibilities
with regard tn this project; and
WHEREAS, the Local Agency is adequatel y staffed and suitably equipped to
undertake and satisfactorily complete portions of the work; and
WH F:~JoAS , the State certifies that such work can be more advantageously
performed by the Local Agency .
NOW , THEREFORE, it is hereb y agreed that
I. STATE COMMITMENTS
A. The State will provide lia ison with the Local Agency through th e State's
Region Transportation Director, Region 6, located at 2000 South Holly
Street, Denver, olorado 80222, 303-757-9251. Said Transportation Director
will also be responsible for coordinating the State's activiti es under this
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B.
contract. Said Di.rector will also issue a "Notice to Proceed" to the Local
Agency for commencement of the work.
The State will administer the Local Agency and Federal-aid funds for this
project in accordance with the following provisions.
Costs incurred by the Local Agency
The State will reimburse the Local Agency for the Federal-aid share
, 'th e pro1ec t charges following the State's review and approval of
5uch charges. Charges incurred by the Local Agency prior to !hi'
<P l • of FHW A a u thori.2ation for the project will not be charged to
•· 0 proj!'ct.
C. The State will review construction plans, special provisions and estimates
and will cau..se the Local Agenc y to make those changes necessary to assure
compliance with State and FHWA requiremen ts . The Local Agency will
afford the State ample opportunity to review the construction plans, spe ·a !
provtSions and estimates, as changed and said plans shall be considered
final when ~pproved and accepted by the parties hereto. The final plans
are incorporated herein by this reference.
II . LOCAL AGENCY COMMITMENTS
A. The Local Agency will provide:
I . Prel iminary engineering, design services, preparation of_ construction
plans, specia l provisions and estimates in accordance with the
State's Roadwa y and Bridge Design Manuals and Standard Specifi-
cations for Road and Bridge Construction . Said plartS shall include
deta ils of an y required detours to prevent any interference of the
construction work and to protect the traveling public. All plans
produced shall be stamped by a Colorado Registered Professiona l
En ginee r.
2. Design work sheets used in designing of the project.
3. Construction supervision by a Colorado Registered Professional
Engineer.
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B. The Local Agency will comply with the following:
1. The Local Agency will prepare ronstruction plans in accordance
with th,i requirements of Engineering Services Section 107, Prepara-
tion of Construction Plans by Local Agency, attached hereto and
made a part hereof.
2. The Local Agency will be re sponsible for the plans being accurate
and complete.
C. The Local Agency will comply with the applicable provisions of the State's
approved Action Plan, including all Federal directives contained therein by
reference.
D. The Local Agency may enter into a contract with a consultant to do all or
any portion of the proposed prelimh ary engineering and preparation o f
construction plans. In the event that Fe leral-aid funds provided herein are
to participate in the cost of work to be done by a consultant, the cc,ntract
shall comply with the req uirements of Federal Aid Policy Guide (FAPG),
Title 23, Chapter I, Sub-chapter B, Part 1n, Administration of Engineering
and Design Re lated Service Contracts. The contract with the consul tant
shall be preceded by an acceptable proposal and may not be executed or
awarded until the selection of the consultant and terms of the contract shall
have been approved by the State and the Federal Highway Administration
(FHW A). All changes in the contract shall be by written supplemental
agreement and must ha ve prior approval of the State and FHW A. As soon
as the contract with the consultant h ,.s been awarded, one copy of the
executed contract shall' be submitted to the State. Any supplementa l
agreements shall be si milarly submitted . An y consultant billings shall
compl y with ti:ie State 's standardized consultant billing format . Examples
of th e billing formats for the various methods of contract payment are
attached hereto and made a part ~ereof.
E. The Local Agency will be responsible to perform acq ui sition and re location
assi stance for the project, as required by Section 24-56 -101, et seq ., C.R.S .
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However, if the State determines that such performance 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 perform the acquisition
and relocation assistance i~lf r may supervise and direct the Local
Agency in the performance o f such acquisition and assi stance . r ior to
taking such action, the State will provide written notke to (t.e Local
Agency of the oasis of such determ:~ Jon or action and will meet wi ,h the
Local Agency to discuss possible remedial measures. Prior to this project
being advertised for bids, the Loca l Agency will certify in wri tin ;,. 1,, the
State that all right of way has been acquired in accorda ·e wit,, the
applica ble State and Federal regulations, or that no additional righ t d way
is requi red.
F. The Local Agenc y w ill be respon.5ible for obtaining the propP.r clearance or
approval from any uti lity compa ny which may become involved in this
project, by separate agreemen t i c: ween the Loe.ii Agency and the utility ,
if necessary. Prior to this project being advertised fo r bids, the Local
Agency will certify in writing to the State that all such clearances have
been obtained .
G . In the event the project involves modificabon of a railroad company's
facilities at a ra ilroad gra de crossing whereby the work is to be accom-
p lis hed by railro _d company fo rces, the Loc al Agency shall make
a pplication co the Public Uti h.:i e, Commission requesting its order
providing fo r the insta llation of U1e proposed improvements. The Local
Agency shall also establish contact with the ra.ilroad company involved for
the purpose of:
l. Exec u ting an ag reement set ting out what work is to be accom -
plished and the location(s) the reof, and that the cos ts of the
im p ro ve ment shall be e ligible for Federal parti cipation.
2. Obta ining the railroad 's detai led estimate of the cost of the work .
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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 acn 1ental destruction or damage to the installation.
H. In the event the Local Agency has engaged a consultant for the design of
a major structure, the Local Agency /consultant contract shall contain the
following:
1. Upon advertisement for the project for construction, the consultant
shall make available services as requested b y the State to assist the
State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project.
2. 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 publi(ation, "Standard
Specific ations for Road and Br idge ':onstruction .. , in connection with
this work.
I. The Local Agency will prepare and submit to the State mc-nthl y charges for
costs incurred relative to the project. The Local Agency will prepare
project cha rges in accordance with the S te's standard policies, proce-
dures, and standardized billing format attached here to and made a part
hereof. Charges incurred b y the Local Agency prior to the date of FHW A
authorization of the project will not be charged to the project.
J. The Local Agency shall maintain all books, documents, papers, accounting
records and other evidence pertaining to cocts incurred and to make such
mat~rials avai lable for inspection at all reasonable times during the contract
period and for 3 years from the date of final payment to the Local Agency .
Copies of su ch re co rds shall be furnished by the Local Age nc y if requested .
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K. The Local Agency represents and warrants that it has taken atl actions that
are necessary or required by internal procedures and bylaws, and
applicabie law , to properly authorize the undersigned signatory for the
Local Agency to lawfully execute this contract on behalf of the Local
Agenc y and to bind the Local Agency to its terms.
ill. GENERAL PROVISIONS
A. The Local Agency has estimated the !otal cost of the preliminary engineer-
ing of a concrete bicycle path from the Santa Fe and Dartmouth intersec-
tion through Cushing Park to Huron Street in the City of Englewood,
Colorado, h ereinafter referred to as "the wc,rk" to be $1 0,000.00 which is to
be funded as follows :
a .
b.
Feder al participating funds
(80% of 510,000.00 )
Local Agenc y parti-
cipating funds
(20% of $1 0,000 .00 )
Total Funds
$8,000 .00
$2 ,000 .00
$10,000.00
B. The matching ratio for this Federal-aid project is 80% Federal-aid funds to
20 % Local Agency funds, it being unde rstood that such ratio applies only
to such costs as are eligible for Federal participation, it being further
understood that all non-partici pating costs are borne by the Local Agency
a t 100%. The performance o f the work shall be at no cost to the State. If
the total actual cost of performance of the work exceeds $10,0 00.00 , and
additi onal Federal funds are m ade available for the project, the Local
Agency shall pa y 20% of all such costs eligi ble for Federal participation
and 100% of all non-participatint~ costs . If the total actual cost o f
performance of the work is less than $10,000 .00, then the amounts of Local
Agency and Federa l-a id funds will be decreased in accordance with the
fu nding ra tio desc ri bed he re in .
. 7.
D. The maximum amount payable to the Local Agency under this contract
shall be $8,000.00 (100% of the Federal Participating Preliminary Engineer-
ing costs) unless such amount is increased by a written supplemental
contract.
E. Upon receipt of each bill from the State, the Local Agency will remit to the
State that amount billed . Should the Local Agency fail to pay moneys due
the State within 30 da ys of demand or within such other period as may be
agreed between the parties hereto, the Local Agency agrees that at the
request of the State, the State Treasurer may wi thhold an equal amount
from future apportionments due the Local Agency from the Highway
Users Tax Fund and to pa y such funds d irectly to the State. Interim funds,
until the State is re imbursed, shall be payab le from State Highway
Supplementary "und (400).
F. It is understoori and agreed by the parties hereto that the total cost of the
w ork stated hereinbefore is the best estimate available based on the design
data as approved at the time oi execution of this contract, and that such
cost is subject to revisions agreeable tu the parties prior to bid and award .
G. The parties hereto agree that this contract is contingent upon all funds
designated for the project herein being made available from Federal and
Local Agency sources. Should these sources, either Federal or Local
Agency, fail to provide necessary funds as agreed upon herein, the contract
may be termina ted by either party. Any party terminating its in terest and
obligations herein shall not be relieved of any financial obliga tions which
exi sted prior to the effec tiv e date of such termination or which ma y occur
as a result of such termina lion.
H . Notwithstandin!'. any consents or approvals given by the State for said
plans, the State will not be liable or responsible in any manner for the
structural design, deta ils or construction uf any major structures that are
d esig ned within the work of this contract.
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I.
J.
The term of this contract shall continue through the completion and final
acceptance of this project by the State, FHW A and Local Agency .
During the performance of all work under this contract, the parties hereto
agree to comply with Title VI , of the Civil Rights Act of 1964, the salient
points of which are shown in the Non-Discrimination Provisions attached
hereto and made a part hereo f.
K . Tile Special Provisions and Appendix B attached hereto are hereby made
a part of d\is contract.
L. This contract shall inure to the benefit o f and be binding upon the parties,
their s uccessors, and assigns.
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IN WTINESS WHEREOF, the parties hereto have executed this contract the day
and year first above written.
AlTEST:
By ______ _
Chief Clerk
CLIFFORD W. HALL
State Controller
By ______ _
ATTEST:
By ______ _
Title _____ _
ST A TE OF COLORADO
ROY ROMER, GOVERNOR
By _______ _
Executive Director
DEPARTMENT OF TRAl\'S PORTATION
APPROVED :
GALE A. NORTON
Attorney General
By---------
BARRY B. RYAN
Assistant Attorney General
Natu,al Resources Section
cm OF ENGLEWOOD, COLORADO
By ________ _
Title _______ _
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Note: The attached resolut ion must contain the following :
A. The local agency 's percent (%) contribution of the total est imated
dollar amount.
B. Authorized signatory .
C. Local Agency 's approv al of the contract.
LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED TO
EXECUTORY COPIES
Rev . 5/86
107.1
107.2
107.3
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DOH
FORM
NO.
113
125
126
134
146
~07. 4 -
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 107
PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGBIICY
All plans shall be in accordance with the Department of
Highways Drafting Manual . (Copies available through
Department o f Highways , Staff Design Branch or Bid Plans,
Room 117).
Th e State will prepare permanent type polyester reproductions
of original drawings at a nominal charge when requested by
the Local Agency .
The Loca l Agency may, at its option, purchas e approved
st•ndard s ize sheets from t he State . The purchase price of
such materials shall be the actual cost as incurred by the
Seate.
The f o llowing approved standard size sheets measuring 22
i nches by 34 inches with rectangul a r border of 20 inches by
31-1/2 inches f~r the working drawing's, are normally
a v ailable from current State inventories .
TITLE
Summary of Approximate Quantities
Structure Qu antities
Blanket Sheet
Plan aud Pro file
Cross Section
Accepted trade name f or polyester film
COMPOSITION
Mylar
Mylar
Mylar
Mylar
Vel l um
The State will prepare the title sheet for the final
construct ,on plans . The title sheet will be nade available
for Local Agency use upon request of the Local Agency. The
cost incurred by the State for preparation of the title sheet
will be charged t o the project.
EXAMPLE B (Cost Plus Fixed Fee Contnleta)
Comoanv Nam.: Project No .
Address :
Employtr (FEIN) 10 Number: Prolect Location
Invoice Number and Dal e:
Progress Re po n Doled : Subllccount No .
.... Completed :
BASIC ANO / OR SUPPLEMENTAL CONTRACT TOTAL s
Prior Per iod BIiii ng Amount : s
Currenl Billing Period: Fr om: To :
DIRECT LABOR : (Li si individually)
Regular Direct Hourly Overtime Cos1
Emo lo vee Nam e Clas s,fica t,on Hour s Ra1e S Ho urs * s
Current Tolal Am ounl 10
This Period Dale '""tion all
SUBTOTAL · DIRECT LABOR s s
INDIRECT (%) (As speofied in contract) s s
OlllER DIRECT COSTS (In · House)
List ind ividuaHy • at ac1ual cost as in fin al cosl proposal : mileage (miles x S). s s
CADD (hrs . x S). eou ip. rent;;! (hrs . x S). e1c.
SUBTOTAL (DIRECT LABOR, INDIRECT & OlllER DIRECT COSTS) s s
FEE (%) (As specijied in Ille contract) s s
OUTSIDE SERVICES (Suoconsullants & Vendors) (Li si indivlclua ll y) s s (To be in this same form at• anach copies)
... To Dale on DBE Work s s
OUt si de Services Managemen l Ex pen se (wh en app ll cab le) s $
TOTAL CURRENT PERIOD : s s
TOTAL TO DATE : s s
LESS : Reta ina oe ( l 0% of od ll no not to e xceed 5 ¾ of contr actl s s
LESS : Pr ior Pa vment s s s
Prior Bilhne: $ Less Ae1 ainaae S s s
TOTAL CURR E'IT PAYME NT REQUE ST s s
I cen,ty that the billed amounts are actual and in agreement w,tn lhe contract terms :
Sign ature Tille Dale
* Elig ible cl assifi ca tions only : in acco rd ance with co ntract
EXAMPLE A (~ &um Conllacla) q -
Company Name: ProJec!No. ,• "'
Address : ·"
Project Location -Employer (FEIN) ID Number: -
Sublccoum No .
Invoice Number and Date :
Progress Repon Dated :
% Completed : (1)
Current BIiiing Period : Fr om: To : '
BASIC ANO / OR SUPPLEMENTAL CONTRACT TOTAL: (2) $ -
Total Billed to Datt: $
Less : Retatnage (10% ol billing no I to exceed 5% ol conuact) $
Less: Pr1or Payments : $
Pr1or Billing : $ Less Retalnage : $ $
TOTAL CURRENT PAYMENT REQUEST :* $
(% To Date ol DBE Work : )
I certify that the billed amounts are in agreement with the contract terms :
Signature Tltle Dat e
* % Completed x Contract Total = Total Curent Payment Request
(1) X (2) = ( *)
EXAMPLE C (Specific Rates Of Pay Contracts)
c..nu,;,,, Nam•: PrOjeOINo. --
A.dclrna :
Emnlo-(FEIN) ID Number: Project Location
lnwk:e Number 1nd Date :
Proaress R..,.,rt Dated : Subaccount No.
%Com ..... ed:
BASIC AND /OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Bllllno Amount : $
Current BIiiing Period : From · To :
PAY RATES : (Li st 1nd 1v10uall y)
Regular Ovenime Rate of Pay Cost
Emo lovee Name Classift ca t1 on Hours Hours • $/ Hours•• $
-
--•(, ~ .. ~
§_\!lT{!'.>TAL· PAY RATES : $
01'1til! DIRECT COSTS (I n • House)
List in~II) -at aCllJaf rates as in final cost proposal : mi leage (miles x $), ' ~~rs. • S!l eouio . rental !hrs . x Sl. etc.
SUB'tl:IT AL fl>•v Rates 1nd Other Direct Rates) s
O\ITSIDE SERVICES (Subconsullants & Vendors) (List individually) $ /To be in this same format • attach coo iesl
% To Date on DBE Work _. -
Outside Services Manaoement Excense (when apo hcallle) s
TOTAL CURRENT PERIOD : ' TOTAL TO llATE: s
LESS : Retainaae ( 1 O¾ of billino no t to exceed 5 o/. of contract) s
LESS : Prior Pa v ments s
Pnor B,!l!!:!.9...1.._ Less Aeta.in aoe S
TOTAL CUR.iEtir PAYMENT REQUEST: $
I certify that the billed amounts are actual and in agreement with the contract terms :
Signature TIiie Date
. Ehg10 1e dassificauons onl y: in acrordance with contract .. In acx:::crdance with con tr act
-LS D (Local 1geDCJ Billing)
SICfI0II I. CONTIIACT DArA
Local Agency:
Addnaa :
Date
Projttet No. _____ _
Ellployer (FEIN) ID Nmbcr: Project Location
IDYoice Number and Date :__________ ---------
1 Coolpleted: Subaccount ''°·---------
BASIC AND/OR SUPPLEHEIITAL CONTRACT TOTAL: $ ______ _
federal Share $ _______ _
Local Agency Shar~ S
State Share $--------
Prior Period Billing Amount : $
f----=,;c,.ur,.,;;r•;:n,_,,::::·,.1~in~.;,,as=·;;.;.' .,.:.f.:r;;o:::m.:..: _______ r.:o.:=~=========-----_J
SECT
DIRECT LABOR : (List individually )
Empl oyee Classi fi -Regular
Name cation Hours
SUBTOrAL -DIRECT LABOR
l!EKEFITS I OF DIRECT LABOR
OTHER DIRECT COSTS (In-Ho us e )
List individually-at act ual cost :
mileage (miles x $), CADD {hr s . ~ $),
equip rental (hrs . x S), e tc.
OUTSIDE SERVICES (Co nsultants , Vendors)
:List indi vidually ) (To be in th is sam e
attach copies of invoices)
TOTAL COSTS CURRENT PERIOD :
TOTAL COSTS TO DATE :
SECTION III. BILLING
TOTAL BILLING CURRENT PERIOD
( I OF TOTAL COSTS):
Prior Billing :
Dir~ct Hourl:r Ovl?rtimg Co st
s Ra te S Ho urs fl
Curr l?nt
This Pe riod
$ ___ _
s ___ _
$ ___ _
f orma t-$ ____ _
$ ___ _
. $ ____ _
Total t o
Date $ ___ _
$ __ _
$ __ _
$ __ _
$ __ _
$ __ _
I certi fy that the billed amounts a re actual and in ag>:eement vi~b the
contract teons :
Si gnature Title Dale
• Eligible clatsifications only .
APRIL J980
Nondiscrimination Provisions:
In cm.,.r,iiance w,th Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
l'{>d;;,,·. Aid Highway Act of 1973, the Contractor, for itset:_ its assignees and successors
in il ,:•,rest, agree as follows :
J .. Compliance with Regulations . The Contractor will comply with the Regulations
of the Department of Transportation relative to nondiscrimination in Federally
assisted programs of the Department o f Transportation (Title 49, Code of Federal
Re •~iations, Part 21, hereinafter referred to as the "Regulations"), which are herein
ir.co.rporated by reference and made a part of this contract.
B.
C.
londiscri:nination. The Contractor, with regard to the work performed by it after
award and prior to completion of the contract work, will not discriminate on the
groW1d of race, color, sex , mental or physical handicap or nationa l origin in the
s..' tion and retention of-,ubcontractors, including procurement of materials and
le ases o f equipment. The Contractor will not participate either directly or
indi rectly in the discrimination prohibited by Section 21.5 of the Regulations,
incl uding employment practices when the contract covers a progr1m set forth in
Appendix Co', the Re g ulations .
Solicitations fo~ntracts. lncluding Procurement of Materials and Equipment.
i.~ all solicitations either by competitive bidding or negotiation made by the
Contractor for work to be performed W1der a subcontract, including procurement
o f materials or equipment, each potential Subcontractor or supplier shall be
notified by the Contra~tor of the Contractor's obligations W1d er this contract and
the Regulations re lative to nondiscrimination on the ground of race, color, sex,
metal or physical handicap or national origin.
D. lnfo,mation and Reoorts. The Contractor will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto
and will permit , (Cess to it ~ books, re cords, accounts, other sources of information
and its fac ili ties as may be determined by the State or the FHWA to be pertinent
to ascertain compl iance with such Regul ati ons, orders a11d instructions. Where
any information required tif the Contractor is in the e:-(clusiv e possession of
another who fails or refuses to furnish this information, the Contractor shall so
certify to the State, or the FHWA as appropriate and shall set forth what , .. /forts
ha 1·e been made tc, obta in the information.
page 1 of 2 pages
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the State shall impose such
contract sanctions as it or the FHW A may determine to be appropriate, including,
but not limited to:
(1) Withholding of payments to the Contractor under the contract until the
Contractor complies, and/ or;
(2) Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor wUI include the provisions of
paragraphs A through F in e·very subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, orders, or instructions
issued pursuant thereto. The Contractor-will take such action with respect to any
subcontract or procurement as the State or the FHW A may direct as a means o f
enforcing such provisions including sanctions fo r noncompliance ; provided .
however, that , in the event the Contractor becomes involved in, or is threatened
with, liti g ati on with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to protect the
interest of the State and in addition, the Contractor may request the FHWA to
~nt er into s uch litiga ti on to ,protect the interests of the Unit\!{l States.
page 2 of 2 pa g es
APPENDIX B
DISADVANTAGED EOSINESS ENTERPRISE (DBE)
SECTION 1 . ~
It is the policy of the Colorado Department of Transportation that
disadvantaged b u siness enterprises as defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement . Consequently, the DBE requi rements of
49 CFR Part 23 apply to this agreement.
SECTI ON 2. DBE Obligation
The recipient or its contractor agrees to ensure t ha t disadvantaged
business ent erpri se s as defined in 49 CFR Part 23 h,,ve the maximum
opponunity to parti cipate in the performance of contracts and
subcontracts f inance d i n whole or in part with Federal fund s
provided u nder this agreement . In this regard all reci pients or
contractors shall take a l l ne cessary and reasonable steps in
accordance with 49 CFR Par t 23 to ensure that disadvantaged
business enterprises have the maximum opportunity to com pete for
and per!orm c ontract s. Recipients and their contractors shall na e -
discriminate on the basis of ra ce, color, national origin, or sex
in the a~ard and performance of COOT assisted contracts.
SECTI Oli 3. D3E Prog ram
The c o nt ra ctor (s ubre cipient) shall be responsible for o btaining
the Disadvantaged Business Ente=prise Program o f the Colo rado
Department of Transportat ion , 1988, as amended, and shall comply
with the applicable provis ions o f the program.
A copy of the DBE Pr ogram is availa ble from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkan sas Avenue, Room 287
Denver CO 80222-3400
Phone: (303 ) 75 7-9231
and ~ill be mailed to the contractor upon request.
SPECIAL PROVISIONS
arn-,OUER'S APPROVAL
Wnil m.ltkl 111111 IOl k druted .,.lul llfll ll h lball ha., kt• 1ppro•cd b')' 1hc C•1r0Uuof11M S1a1c o(Coloradoo, 1uc.h 1ub1M1 u he may ~i111111. Tllh ,,..u.;.. i, appliullle 90 Ill) C:DfllDCI 1t1vol•1n1 tlw p1y,ww11 1 JI ,none~ by lht Sutr.
FUND AVAILAIILITY
:z. FlM.cul obli111,_, of 1hc S 111, of Coloudo p1 y1ti,.: •fl ~, 1hr currcn1 rianl ,._,~, o;,c con11n1rr11 •~,. f1nd1 for 1111, p:-"1>0tc k in t 1ppropri11ed , b,11l1t1cd ,
1"4 odwrwuc made: "'"lablc
BOND REQUIREMENT
J. If 1hi1 c:onuac1 111•t1l•u rhc p17muu of mote tlun fifl1 1ho•nnd doll111 for 1hc conurvcuon. crcc1io., repair, m1i•1111ancc , or improwcmcn1 or Ill)' b111ld1111 ,
road. bod&t". "" .111r1 , 1111111c l. ue-1W111011 o, other pvbhc ,.,o,L for 1hi1 S 11rc . 1hc: rormac10, a,.,n. before utm•1 •po,11 die performance of •ny Heh wo,); inchi4td
•• dut c-1u,n. d1i1l11uc:u1c and dc:h •tr 10 1hr Su1r off1c1JI •ho will 111n Ille contrlCI. 1 Jood and 1urflc.in1 tio.d orOlhcr Ktcp11blc UlrtlJ to be 1pprovcd b)'
111d otrteial ifl I penal ,um nOI lcn lhln OM -1'1111 of !he IOfll 1moun1 p1y1blc by •he: ICfflll of 11111 conuac:1. S.rk boftd •Ila.II be dul7 UttUICd b7 I 111 ■1ll ricd corpoulc
.. ~,, coeduioncd "'IM"' 111c h,1hr11I pc1fo,m111u of Ille con1,1c-1 ind 1n addition. 1h1ll pro•idc 11111 if the con1,.c1or or 11111 wbconuar.1or1 fail 10 d•I )' p•)' for lfl)'
labof. 1t111cr11l1 . 1,,,,. h,n. HUcn1ntc. pro•111on1. rro..cT1dor or 01hcr suppliu 11Kd Of conwmc.d by 1ucb c•uacu,, °' llli111,1bcon1nctor in pc,fonn11Kc o(thc work
con11ac1C'd 10 toe ®H Of t..,h 10 p1• Jn~ rcr1on ..,hff ,11r,rl•c• rtn11I mach1nt1 y, 10011 . 01 cq11 ipment in 111t pro1ecu1i0111 of •he wort 1hc nruy will P•)' 1hc umc ,11
u -tll ftOI Clttcll11'J iliw-t11m •ptCl llr.l 1n the r,,-,nd. IOJClllff .,-hh in1cro1 .. lhc IIIC of e i&IIII per CCal ptf Mlllrll. U11ln1 111d1 bond U eacciucd, dchurcd Hd
filed. ao cl111t1 1n fnor of 11tc co,uraclOr 111si.,1 .. de, 11,1cll co,11r1<11UII be 111ditccd. allowed Of p,id. A ccniricd or cukicr'• ckc:k 01 a b1nk moa.cy order p1)'1blc
&o die Ttc111•cr of the S1.11e of Colorach, -, !)c 1cccpnd ,n hu of• bond. Th11 provi1io. ia i• compllun ~tll OJ Jl-26-106.
INDEMNlnCATION
,. To dlll u1ni1 awtltorind by la•. die con1rK1oc .-11 iadcmaif7. save, ud lllold i.wmtn.t 1M 5&aN. its -,ioycn aad 11co11, 111iru1 •J and 111 claim, •
... ,a. li•bilil)' .. d COIIM awards UKlsdi•& COlll. upcHCS, ud III0fflC)' r,a incumd u • rtHII o1., act Of oaiuio. by tllc COOU'KtOf', Of ill caployccs.
•,-u., •bc-oncncton, or u1i1occ1 parMul 10 Ute 1ums of 1llli1 co.tract.
DISCRIMINATION AND AfflRMATIYE ACTION
S. n. W'KW apw .. c:capty ~ti. .. lcacr ,_. -,.m ol lbs Colondo ,._..d . cri ' Niez Ac:t ol 1937, •---,,_ Md o11M.t applk.W. law rupec1in1
~ .ct •fair capk,yeml pnnku (CR.S 24.34-402). ud u re,q•lired by Eaeatm Orda. ~ 0ppcl'raitJ ad Af~ Adioa, dilled April 16,
lffl. ,,,,...., ~. ,lw f.Jlowi•1 flNl"sio,u ,J,,,JI H '"°"'~ i" •II s,.,. C"Glll.ffWU «---.C-,.im.
.I ... pat.....,. ol ,.;, cooox,. '"' '°"""'"' ,.,... u follow>:
(a) TIie roarracior will aot di1e:rimiaa1c. •aaiua UJ employee or applicant (or c.mploymc.a1 btc:aa..c ol nee. crud, color, aatJoaal oriaia. sea,
earit&I WlU, 1ltlipm. anraay, IM:Dtal orpll,sical ........... nc:amnamwill tab: aftvaali'fl ........ lbalq:,plimaa ~llllf'lo1ed.-9tt&al
ampo,-s an: aaad dnl1 ~..a-.~ to 1bc llbo'WIC matiootd ~ Sedi ........ iada, bu1 aot bl limilal • lhl followiaa:
~ .,.,......._ denlclioft. • nralcr. ~ancnc or m:ru:i1ment ad¥atisinp: i.,-otr, or~,_. of.-1 cwodla-(onm almmpmation; ad
,dr,c::ticwi for lf1Wlll. sncl11din1 appft"ftricahip. The COntnClOI' 11,fttl to post in COMpnOa plans. ...U.WC. to anplo,,eea -, lf'Plicaab fOI' apploymtne,
DOrica 10 be-pro-,idr,d by !he CODUXtia& oCficrr letllftl fon1t proriJicm or this~ c&a.c..
(b) 1ll,c con1rac1or will . in all JOlimauons or advcniscmems for cntploym placed by• oa behalf af dM: ~.,... 1lla1 all qu.alifd applicants will
reai.-e CilelidcnJion (orcmploy•nu witllouc ttlard 10 n«, crHd, co.lo,, natioaaJ oria,ia. su, marit&J 1t.11•. rtliaioo, UCCJlry, mental ocphy1ical lwxticap,
or •1c.
(c) 1lic coalTaaor will s.cnd 10 each l1bo1 1n1on Of rcp1uent:11ive or workcn wi1h whKh he hu a eollcc-tivc b&r11inin1 11rumcn1 or other con1rac1 or
udcntanchna. nouce 10 be pr~w:k:d t,y the conu..cuns officer. advisins 1he labor untOn or woncrs· rqtrUCMativc ofd11e COflb"l(tor•s comllnsat under the
Euc-u1ivc Order, Equal Opponunuy and AffinNuvc Action, d11cd April 16. 1975 . :ntd of lhc n1lcs. RJWMtonS, aod rclcvanc Orders or the Governor.
Id) The con1rac10, 111<1 la.bor 1U11oru ••II fomn,h all 1nfonn11 lon and r1:pom required by EJ.ccu1ivc Order. Equl Oppon11ni1y •.d Affinmtiwc Aaion of April
16. 197.). and by 1hc rules. "1"111,ons and Ou:kl"I of the Cit"•emor. or pursuan1 thereto, and will pcnM acccu to bi• boolu, rtcords, and ICCOWIII by the
cor11rac,in1 l&<nc} and 1he office of 1hc-Go•tmor or hn dcs,Jn -c for purpo,,..--s of 1nvcs1ip1ion 10 uccruin compliance wilh 111ch n.itcs, rcpl•kin• and onkD.
Ir) A labor or1an1u11on will "°' u clude ln:, md1•1dw:al 01hcrwue qu:ahficd hom full rncmbcMip ripiu in sud! l1 boforaaniu1ion, or cape! any such ind1v1du1I
fr "" membership ,n wch labor or pnu:111on o, do,cru,un,1e •r~•n t 1nyof11s membcu m 1hc full C'ft]O)'mtnl of wor~ oppon11ni1y bcc11dc of race, crc-cd, co lor,
sc:.1,. n.auonal on11n, or :anceslf}
(f) A l.ibor or1an1u11on. or the crnploycu or mcmt>to ,hc,eof w,11 not aid, 1bc1. incue. compel or C'Oertt the: doinJ of &n)' act defined in lhis eon1rac1 10 be
d1Knm1n1IOf')' or obsmKI o, prevcn1 an:, person from compl:,rn,: wuh the pro•1s1ons of1his con1rx1 or In)' order 1uucd lhcrtundcr: or 111cmp1. cilhtr dir«1ly
o, 1nd1rec:1ly, 10 com mu an :, .i c1 de fi ned ,n thn con1r:1c 1 10 be d1.1.cnm1n1tor)'.
. ••\ ,.i ' :
,··.-:r'•.,;
. , ... , _·.
,',
. :·· ~:
. Certification for Federal-Aid Contracts ,::;,. r'·t'~ ''M >!',
<f: · .... :_.: \: · · . :, _ _.:~/)(':}.:?.i :.\\·liJ~~~:S(C~l.t.i.iifr .. , 1 : The. contractor certifies, by signing this contract, tii the' best ·of its kriowl~dge and belie(~ •r ~] .. -'."
that: ·· . ..._, ·. ~,' <:'.; ·!:~::i~':¥,(}Jtl:.-
(l) No Federal appropriated funds have been paid or will be paid; by or on behalf or ;;.;' ~ti
the undersigned, to any pen,on for influencing or attempting to influence an officer' OI ':,':'i}.,!i~.~,;
employee of any Federal agency, a Member of Congress, an officer .. or employee ··:ot :'):~ · ·
Congress, or an employee of a Member of Congress In connection with the !IW!lfclirig 'of :~ $ , • ,
· any Federal Joan, the entering im o of any. coo~rative agreement,· and the_ ex~on, ;~;,, i,r.;t;i •:::
contlnuatio~, renewal, amendment, or modificati_on ,o! ~y Federal cc:intract. gr~t, I~!~ :t,'i.ff/
or cooperative agreement. ::-/?:; .·-.··. ,· : : t f):t.:;jtk{JW~i
· (2) If any funds other than Federal appropriated funds have been paid or will beJ,iild ttf: ,.
~ .: •. ·. ~ to any person for influencing or attempt;."'!'; to influence 'an officer.or of Congress/.oi_;iif~\. .'
: • '. ·)) 'employee of a Member of Congress in conn. ~on with. 11,us'.Fede~;crf~~.:sr¾_t; !~f {
,~ i'· J~:-:;,' or ~ooperative agreement, the . undersigne.1 ~.'-~mpJete·,~d ~~~i,niF .~~ •,;:a 'I •·-i .. ' .. Form-LLL, 'Disclosure Form to Report Lobby.ng,'-m -accordance with lts 1nstructi -:tt~~~ft=:k/,;:.< ,. -,~{~,.,. ~ r ·-;-.~1 .~;~-':.~-... ; .. ·.~:\_··;r~;.ti1~ ... ~~~~W.i~~i~a';·· .
';~,·· ;;j~~.,Thls . .certification ii: a material .ref~ta~. ol Iact:u~ ~-~ ,~ _,,,,
· . . ·, ·:·:·when this transaction was made or entered mto.'Subinlsslon"of this certifl :a
:. __ , :.; :_;'' prerequisite for making or entering Into~ tr,IJlSacti<":(\ impoeec by~~)~'.T}t!e)·
· · ·. · \; .,.31, US. Code.' Any person who fails to file the l'!qi.tlre_d certificatiof,~-~~~ t~'.Ji:
• · . :, . a civil penalty of not Jess than $10,000 a.,d not mv~.~ .5100,<XX) (~~ e~ ~~~ /i .
· ,;· · · • . · . : · ~ :·, ~ •\:~,::~ ' ~ t • • '",;,i • s!:\~~:~: .. :",\••;i?,fil\1t~'! , .. ~ "
The prospective participant also agree by submittbg _his 'or her bid or proposal ~ he A;;,. ~},'l;l,
or she shall req~ that the language of this ce~cation ~ ~u.de~ .. ln. ~ ,tow.~ ~r ){~~~r:
~bc~tracts, ·"".hich exceed $1':°,000 and ~t all _ such .s~p}~.fl:. s_h:i!,\-.~~!'~f lf!t~~!~¥.
disclose accordingly. . . . •:•,. • .. •. • .. ..:, :l;; •~•-'-,,,::--;,,;'>i,,,t5'.f• .. ~,-.... '.
. .. ' ' ... ' _, . ' '• ,",'." '•t ,al ~:.;..11.~~~:~f;'-} '
. . \; ;/ c: , • t~~lf ~•:J,,,,,i -:''• ··.·: -,;-,} ,,.,. .,,¢-j .l;)li~t . '·. . . ·::.:, /,:::·~_}'i{!-}::ti~::
. .,.,, .. "t ......... , •.. ·. 'f '
<-~/ti:"'f ~~i '
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. ·, .. , .. · ... ~;;. -!}.}~~~