HomeMy WebLinkAbout1996-053-05/07/1996-COLORADO DEPT TRANSPORTATION IGA STU FUNDS TRAFFIC SIGNAL CONSTRUCTION RESOLUTION 96-53
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY OF FORT COLLINS TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE ALLOCATION OF$100,000 OF FEDERAL SURFACE
TRANSPORTATION URBAN FUNDS TO THE CONSTRUCTION OF TRAFFIC SIGNALS
WHEREAS, there is currently a need to construct traffic signals at the intersection of
Mulberry and Meldrum and at the intersection of U.S. 287 and County Road 32, in order to address
the increasing traffic volumes that each of these intersections has been experiencing; and
WHEREAS, the Colorado Department of Transportation ("CDOT"), has offered to provide
to the City $95,000 of Federal Surface Transportation Urban ("STU") funds to contribute the
engineering, material procurement and construction costs of such traffic signals provided that the
City provide $5,000 in matching funds; and
WHEREAS,in connection with this proposal, the State has submitted to the City a contract
which details the terms and conditions of the granting of such funds to the City and constitutes an
intergovernmental agreement between the City and CDOT, which contract is attached hereto as
Exhibit "A" and incorporated herein by reference (the "Contract"); and
WHEREAS, Section 16 of Article 2 of the City Charter provides that the Council may, by
resolution,enter into contracts with other governmental bodies to furnish governmental services,and
to enter into cooperative or joint activities with other governmental bodies; and
WHEREAS,by the City entering into the Contract, it will make it possible to construct the
traffic signals at the intersection of Mulberry and Meldrum and at the intersection of U.S. 287 and
County Road 32, which construction will benefit the public's health, safety and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the City Council hereby approves the contract and authorizes the City Manager to
enter into the Contract on behalf of the City.
Passed and adopted at a regular meeting of the City Couyieil-Tie-1¢this 7th day-aflG y/A.D.
1996. /
r
Mayor
ATTEST:
L" e�
. 1\kn; no
City Clerk
Exhibit A
STM M455-032 Routing #96 HA4 01003
Signal Installation
Region 4/dep
CONTRACT
THIS 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 State", and the CITY OF FORT
COLLINS, Post Office Box 580, Fort Collins, Colorado 80521, hereinafter referred to as
"the Local Agency" or "the Contractor,"
WHEREAS, authority exists in the law and funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance
thereof remains available for payment of project and Local Agency costs in Fund
Number 400, Organization Number 9991, Appropriation Code 010, Program 2000,
Reporting Category 4062, Contract Encumbrance Number 11345 [00] C (Contract
Encumbrance Amount $91,000.00); and
WHEREAS,required approval,clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 (c) of the Intermodal Surface
Transportation Efficiency Act of 1991, certain Federal funds have been and will in the
future be,allocated for the"provision of facilities for pedestrians and bicycles,acquisition
of scenic easements and scenic or historic sites, scenic or historic highway programs,
landscaping and other scenic beautification, historic preservation, rehabilitation and
operation of historic transportation buildings, structures or facilities (including historic
railroad facilities and canals),preservation of abandoned railway corridors(including the
conversion and use thereof for pedestrian or bicycle trails), control and removal of
outdoor advertising, archaeological planning and research, and mitigation of water
pollution due to highway runoff."; and
WHEREAS, Federal-aid funds have been made available for a project, identified
as STM M455-032 for installation of traffic signal equipment, in the City of Fort Collins,
Colorado, hereinafter referred to as the "work"; and
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WHEREAS, the matching ratio for this Federal-aid project is 100% Federal-aid
funds, it being understood that such ratio applies only to such costs as are eligible for
Federal participation.
WHEREAS, the Local Agency 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 establishes the authority under
which the Local Agency enters into this contract; and
WHEREAS, this contract is executed by the State under authority of Sections 24-
92-101, et seq., 29-1-203, 43-1-110, 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S., as
amended; and
WHEREAS,the parties hereto desire to agree upon the division of responsibilities
with regard to this project; and
NOW THEREFORE, it is hereby agreed that:
I. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through CDOT's
Region Transportation Director, Douglas Rames, 1420 2nd Street, Greeley,
Colorado 80631 (970) 353-1232. Said Transportation Director will also be
responsible for coordinating the State's activities under this contract.
B. The Local Agency will prepare the construction plans, special provisions
and estimates and will make those changes necessary to assure compliance
with the applicable State and FHWA requirements. The final plans are
incorporated herein by this reference.
C. In the event all or part of the construction work is to be contracted, the
State will establish appropriate Disadvantaged Business Enterprise (DBE)
goals for the construction contract(s).
D. The Local Agency shall be responsible for the supervision of all aspects of
the construction of the project. The supervised work will consist of but not
be limited to field and office engineering, inspection and materials testing,
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and traffic control. The project will be subject to periodic inspection by the
FHWA and the State.
E. The State will perform a final project inspection prior to project acceptance
as a Quality Control activity. When all project work has been satisfactorily
completed, the State will sign the FHWA form 1446C.
F. The Local Agency will be responsible for obtaining the proper clearance or
approval from any utility company which may become involved in this
project, by separate agreement between the Local Agency and the utility,
if necessary.
II. LOCAL AGENCY COMMITMENTS
A. The Local Agency will comply with applicable provisions of the State's
approved Action Plan,including all Federal directives contained therein by
reference.
B. The Local Agency shall comply with all federal requirements applicable to
the performance of the work, and/or to any procurement for the work,
under this federally funded contract. Such requirements include Title 49,
Code of Federal Regulations,Part 18 ("The Common Rule"), specifically 49
C.F.R. 18.36 regarding procurement and 49 C.F.R. 18.36(i) regarding
required contract provisions. The specific provisions in 49 C.F.R. 18.36(i)
containing the federal statutory and regulatory citations are incorporated
herein by this reference as provisions of this contract as though fully set
forth. Further, the Local Agency shall include the language of this
paragraph verbatim in any subcontract(s) for the work, in order to comply
with 18.36(i) and to ensure subcontractor compliance with applicable
federal requirements.
C. The Local Agency will provide:
1. 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
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include details of any 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
Professional Engineer.
2. Design worksheets used in designing of the project.
3. Construction supervision by a Colorado Registered Professional
Engineer.
D. The Local Agency will comply with the following:
1. The Local Agency will prepare construction plans in accordance
with the requirements of Engineering Services Section 107,
Preparation of Construction Plans by Local Agency, attached hereto
and made a part hereof.
2. The Local Agency will be responsible for the plans being accurate
and complete.
E. The Local Agency may enter into a contract with a consultant to do all or
any portion of the proposed preliminary engineering and preparation of
construction plans. In the event that Federal-aid funds provided herein are
to participate in the cost of work to be done by a consultant, the contract
shall comply with the requirements of Federal Aid Policy Guide (FAPG),
Volume 1, Chapter 7, Section 2, Administration of Negotiated Contracts.
The contract with the consultant 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 (FHWA). All changes in the
contract shall be by written supplemental agreement and must have prior
approval of the State and FHWA. As soon as the contract with the
consultant has been awarded, one copy of the executed contract shall be
submitted to the State. Any supplemental agreements shall be similarly
submitted. Any consultant billings shall comply with the State's
standardized consultant billing format. Examples of the billing formats for
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the various methods of contract payment are attached hereto and made a
part hereof.
F. The Local Agency will be responsible to perform acquisition and relocation
assistance for the project, as required by Section 24-56-101, et seq., C.R.S.
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, it its discretion,may perform the acquisition
and relocation assistance itself or may supervise and direct the Local
Agency in the performance of such acquisition and assistance. Prior to
taking such action, the State will provide written notice to the Local
Agency of the basis of such determination or action and will meet with the
Local Agency to discuss possible remedial measures. Prior to this project
being advertised for bids, the Local Agency will certify in writing to the
State that all right of way has been acquired in accordance with the
applicable State and Federal regulations, or that no additional right of way
is required.
G. The Local Agency will be responsible for obtaining the proper clearance or
approval from any utility company which may become involved in this
project, by separate agreement between the Local Agency and the utility,
if necessary. Prior to this project being advertised for bids, the Local
Agency will certify in writing to the State that all such clearances have
been obtained.
H. In the event the project involves modification of a railroad company's
facilities at a railroad grade crossing whereby the work is to be
accomplished by railroad company forces, the Local Agency shall make
application to the Public Utilities Commission requesting its order
providing for the installation of the proposed improvements. The Local
Agency shall also establish contact with the railroad company involved for
the purpose of-
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1. Executing an agreement setting out what work is to be
accomplished and the location(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.
I. 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 by the State to assist the
State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project.
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 Department of
Highway's publication"Standard Specifications for Road and Bridge
Construction;' in connection with this work.
j. The Local Agency has the option to accept or reject the proposal of the low
bidder for work on which competitive bids have been received. The Local
Agency must declare the acceptance or rejection at the award conference
or within 3 working days after said bids are publicly opened, whichever
occurs later. If the bid is rejected, costs incurred by the State in project
development will not be eligible for participation by the FHWA and must
be reimbursed to the State by the Local Agency. Following award of the
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construction contract(s), no further revisions in design data or cost
estimated shall be made except by agreement in writing between the
parties. By indicating its concurrence in such award at the award
conference, the Local Agency, acting by or through its duly authorized
representatives,agrees to provide additional funds if required to complete
the work under this project if no additional Federal-aid funds will be made
available for the project. The total amount of such additional required
funds will be determined at the time of final billing.
K. The Local Agency shall be responsible for supervision of the construction
of the project. The Local Agency shall appoint a qualified professional
engineer, licensed in the State of Colorado, as the Local Agency Project
Engineer (LAPE). The LAPE may be an employee of the Local Agency or
a consultant. In such event, notwithstanding §12-25-103 C.R.S., as
amended, the LAPE shall be in responsible charge of the construction
supervision of the project. Such construction supervision shall consist of
project inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments,
testing and inspection activities; preparing and approving pay estimates;
preparing, approving and securing the funding for contract modification
orders(CMOs)and minor contract revisions(MCRs);processing contractor
claims; and meeting Quality Control (QC) requirements of the
FHWA/State stewardship program.
L. The LAPE shall administer the project in accordance with this agreement,
the requirements of the construction contract, and State procedures.
M. The Local Agency will prepare and submit to the State monthly charges for
costs incurred relative to the project. The Local Agency will prepare
project charges in accordance with the State's standard policies,
procedures, and standardized billing format attached hereto and made a
part hereof. Charges incurred by the Local Agency prior to the date of
FHWA authorization of the project will not be charged to the project.
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N. The Local Agency shall maintain all books, documents,papers,accounting
records and other evidence pertaining to costs incurred and to make such
materials available for inspection at all reasonable times during the contract
period and for 3 years from the date of final payment to the Local Agency.
Copies of such records shall be furnished by the Local Agency if requested.
O. The Local Agency will maintain and operate the improvements constructed
under this contract,at its own cost and expense during their useful life, in
a manner satisfactory to the State and FHWA, and will make ample
provision for such maintenance each year. Such maintenance and
operations shall be in accordance with all applicable statutes and
ordinances, and regulations promulgated thereunder, which define the
Local Agency's obligation to maintain such improvements. The State and
FHWA will make periodic inspections of the project to verify that such
improvements are being adequately maintained.
P. The Local Agency represents and warrants that they has taken all actions
that are necessary or required by internal procedures and bylaws, and
applicable law, to properly authorize the undersigned signatory for the
Local Agency to lawfully execute this contract on behalf of the Local
Agency and to bind the Local Agency to its terms.
III. GENERAL PROVISIONS
A. The State has estimated the total cost of the work to be $100,000.00, which
is to be funded as follows:
a. Federal participating funds
(100% of$95,000.00) $95,000.00
b. Local Agency matching funds
for State incurred non-participating
costs (including non-participating
indirects) 5,000.00
Total Funds $100,000.00
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B. The matching ratio for this Federal-aid project is 100% Federal-aid 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 100%. The
performance of the work shall be at no cost to the State. If the total actual
cost of performance of the work exceeds$100,000.00 and additional Federal
funds are made available for the project, the Local Agency shall pay
approximately 0% of all such costs eligible for Federal participation and
100% of all non-participating costs. If the total actual cost of performance
of the work is less than$100,000.00, then the amounts of Local Agency and
Federal-aid funds will be decreased in accordance with the funding ratio
described herein.
C. Upon receipt of each bill from the Local Agency, the State will remit to the
Local Agency 100% of that amount billed, to a maximum of$91,000.00, no
later than 30 days after receipt of such bill.
D. The Construction Contract Administration Checklist, as amended, defines
the responsibilities of the parties hereto with respect to administration of
the construction of the project. The preliminary Checklist is attached
hereto and made a part hereof. Construction administration includes final
assembly of construction plans, special provisions, estimates and contract
documents; advertising the call for bids, award of the construction
contract(s) to the lowest responsible bidder(s);field and office engineering,
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inspection and material testing, and traffic control. The project will be
subject to periodic inspection by the FHWA.
E. Upon execution of this contract, the State is authorized, it its discretion, to
perform any necessary administrative support services pursuant to this
contract. These services may be performed prior to and in preparation for
any conditions or requirements of this contract, including prior FHWA
approval of project work. The Local Agency understands and agrees that
the State may perform such services, and that payment for such services
shall be at no cost to the State but shall be as provided herein. At the
request of the Local Agency, the State shall also provide other assistance
pursuant to this contract as may be agreed to in writing. In the event that
Federal-aid project funds remain available for payment, the Local Agency
understands and agrees the costs of any such services and assistance shall
be paid to the State from project funds at the applicable rate. However, in
the event that such funding is not made available or is withdrawn for this
contract, or if the Local Agency terminates this contract prior to project
approval or completion for any reason, then all actual incurred costs of
such services and assistance provided by the State shall be the sole expense
of the Local Agency. The Local Agency shall pay the State for all such
costs within 30 days of receipt of written notice from the State regarding
the same.
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F. It is understood and agreed by the parties hereto that the total of the work
stated hereinbefore is the best estimate available based on the design data
as approved at the time of execution of this contract, and that such cost is
subject to revisions agreeable to the parties prior to construction.
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 terminate by any party. Any party terminating its interest and
obligations herein shall not be relieved of any financial obligations which
existed prior to the effective date of such termination or which may occur
as a result of such termination.
H. Notwithstanding 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, details or construction of any major structures that are
designed within the work of this contract.
I. In the event that all or part of the work is to be accomplished by force
account rather than contract as specified above, the Local Agency will
insure that all work is accomplished in accordance with the pertinent State
specifications as well as FAPG, Volume 6,Chapter 4, Section 1,Subsection
14, "Contract and Force Account." Work will normally be based upon
estimated quantities and firm unit prices agreed to between the Local
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Agency, the State and the FHWA in advance of the work, as provided for
in FAPG, Volume 6, Chapter 4, Section 1, Subsection 6, Paragraph 12b.
Such agreed unit prices shall constitute a commitment as to the value of
the work to be performed. It may be agreed to participate in 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 compliance with Federal
Procurement Regulations Part 1-15. Rental rates for publicly owned
equipment will be the second shift rental rate per hour as established in
the State's Construction Equipment Rental Rate Schedule dated May 1,
1986, or subsequent revisions thereof. All force account work shall have
prior approval of the FHWA and shall not be initiated until the State has
issued a written notice to proceed. The Local Agency shall, during all
phases of the work, permit duly authorized agents and employees of the
State and the FHWA to inspect the project and to inspect,review and audit
the project records.
J. The State shall have the authority to suspend the construction of the work
wholly or in part, by giving written notice thereof to the Local Agency,
due to the failure of the Local Agency to correct Project conditions which
are unsafe for the workmen or for the traveling public, or for failure to
carry out provisions of this contract or the construction contract, for such
periods as the State may deem necessary due to unsuitable weather, or for
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conditions considered unsuitable for the prosecution of the work, or for
any other condition or reason deemed by the State to be in the public
interest.
K. The term of this contract, except for the provisions regarding maintenance,
shall continue through the completion and final acceptance of this project
by the State, FHWA, and Local Agency. The covenants with regard to
maintenance of the improvements constructed under this contract shall
remain in effect in perpetuity or until such time as the Local Agency is,by
law or otherwise, relieved of such responsibility.
L. This contract may be terminated as follows:
(1) Termination for Cause. If, through any cause, the Local Agency fails to
fulfill in a timely and proper manner all obligations under this contract, or
if the Local Agency violates any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local
Agency of such termination and specifying the effective date thereof, at
least five days before the effective date of such termination. In that event,
all finished or unfinished documents, data, studies, surveys, drawings,
maps,models,photographs, and reports or other material prepared by the
Local Agency under this contract shall, at the option of the State, become
its property, and the Local Agency shall be entitled to receive just and
equitable compensation for any satisfactory services completed on such
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documents and other materials. Notwithstanding the above, the Local
Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local
Agency,and the State may withhold any payments to the Local Agency for
the purpose of setoff until such time as the exact amount of damages due
the State from the Local Agency is determined.
(2) Termination for Convenience. The State may cancel upon 30-day written
notice to the Local Agency. The State shall effect such termination by
giving written notice of termination to the Local Agency and specifying the
effective date thereof, at least 30 days before the effective date of such
termination. In that event, all finished or unfinished documents and other
materials as described in Paragraph I(1) above shall, at the option of the
State, become its property. If this contract is terminated due to the fault
of the vendor, Paragraph I(1) hereof relative to termination shall apply.
(3) Termination Due to Loss of Funding. The parties hereto expressly
recognize that the contractor is to be paid, reimbursed, or otherwise
compensated with federal funds provided to the State for the purpose of
contracting for the services provided for herein, and therefore, the
contractor expressly understands and agrees that all its rights, demands
and claims to compensation arising under this contract are contingent upon
receipt of such funds by the State. In the event that such funds or any part
thereof are not received by the State, the State may immediately terminate
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or amend this contract.
M. 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 hereof.
N. The Special Provisions, Attachment LO, Appendix B and the Non-
discrimination provisions attached hereto are hereby made a part of this
contract.
O. This contract shall inure to the benefit of and be binding upon the parties,
their successors and assigns.
P. It is expressly understood and agreed that enforcement of the terms and
conditions of this contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the Local Agency and the State,
and nothing contained in this contract shall give or allow any such claim
or right of action by any other or third person on such contract. It is the
express intention of the Local Agency and the State that any person other
than the Local Agency or the State receiving services or benefits under this
contract shall be deemed to be an incidental beneficiary only.
Q. All notices required to be given by the parties hereunder shall be given by
certified or registered mail to the individuals at the addresses set forth
below. Either party may from time to time designate in writing substitute
addresses or person to whom such notices shall be sent:
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For the State:
David M. Martinez, Project Manager
Colorado Department of Transportation
1420 2nd Street
Greeley, Colorado 80631
970/ 353-1232
For the Contractor.
Gary Diede
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80521
970/221-6605
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IN WITNESS WHEREOF, the parties hereto have executed this contract on the
day and year first above written.
ATTEST: STATE OF COLORADO
ROY ROMER, GOVERNOR
By By
Chief Clerk Executive Director
DEPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney General
By By
BARRY B. RYAN
Assistant Attorney General
Civil Litigation Section
ATTEST: CITY OF FORT COLLINS, COLORADO
By By
Title Title
FEIN No.84-6000587
17
a
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid until it shall have been approved by the Controller or the State of Colorado or such anistapt as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
nt fiscal year are contingent upon funds for that purpose being appropriated.budgeted.
2.Financial obligations of the State of Colorado payable after the cum
and otherwise made available.
BOND REQUIREMENT
3.if this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building.
road.bridge,viaduct.tunnel.excavation or other public work for this State,the contractor shall.before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract.a good and sufficient bond or other acceptable sorely to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified Corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor.materials.team hire.sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
y person who supplies rental machinery-tools.or equipment in the prosecution of the work the surety will pay the same in
contracted to he done or(ails to pay an
h bond is executed.delivered and
an amount not exceeding the sum specified in the bond.together with into at the rate of eight per cent per annum,Unless such
k or a bank money order payable
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's chec
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CBS 38-26.106.
INDEMNIFICATION
♦.To the extent authorized by law,the contractor shall indemnify.save,and hold harmless the gate,its employees and agents,against any and ill Claims,
damages,liability and court awards including costs,expeons.and attorney feu incurred as a result of Amy set or omission by the contractor,or its employees.
agents.subcontractors,or anijesc s pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
ng
5.The n ommu or agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1937,as amemded.aAmfdother firmainve AAappled We I n,datedAresped
-discrimination,and mtsfr employment practices(CRS 24-34402).and as required by Estimative order.Equal Opportunity
andpril 16.
1975.Pars"m thereto,the Jollowfng provision shall be contained in all State contracts or sub-mom wit.
Dosing the performance of this contract.the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.nyattioonnal Origi
and thin
marital satus,religion,ancestry.second or physical batdiap.or acro
age.The contractor will take affirmative n to insure dot app' PloYed.
ployees 6 P without to the above mentioned Characteristics.Such action shall include'but not be limited to the following:
ere are treated Burin employment. re8� la ffs or t rmloadons;rats of pay or Other forms of eompmsat»n:and
employment upgrading.demotion,or uwaa.ttxruim¢nt or seenduoem advert y-0
selection for mining.including apprenticeship.The contactor agrees to post in conspicuous places.available to employes and applicants for employment.
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b)The corrector will,in all solicitations or advtttisements for employees placed by or on behalf of the contractor,sate that all qualified applicants will
receive consideration for employsncnt without regard to race,creed.color,national origin,sex,marital status,religion.ancestry.mental or physical handicap.
or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contacting officer,advising the labor union or workers'representative of the corrector's commitment under the
Executive Order.Equal Opportunity and Affirmative Action,dated April 16.1975.and of the rules,regulations.and relevant Orden of the Governor.
(it)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April
16. 1975,and by the rule,regulations and Orders of the Governor,or pursuant thereto.and will permit scams to his books.records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such ales.regulations and orders.
(e)A labor organization will net exclude any individual otherwise qualified from full membership rights in such labor Organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed.color,
sea.national origin,or ancestry.
(O A labor organization.or the employees or members thereof will not aid,abet.incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereundtt:or attempt,either directly
or indirectly,to commit any act defined in this contact to be discriminatory.
Form&AC-028
Revised 1/93
395-53-81.1022
Palo 1 of 2 pages
(g)to he event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulationss. -c orders
Opportunity and Affirmative Action of April 16. 1975 and
in E ecutive Order.
this contract may be canceled.terminated or suspended in whole or in pan and the contractor may be declared ineligible for the further State contracts Or
to Order-
accordance with procedures.authori2ed in Executive Order.Equal Opp Y
orders promulgated in accordance therewith and such other sanctions as may eg imposed and remedies a may be invoked; pro
Equal Opportunity and Affirmative Action of April 16. 1975.or by rules.regulatins,or orders promulgated in accordance therewith,or u otherwise
provided by paw.
Equal Opportunity a and Affirmative Action of April 16.1975.so that such provisions will
(h)The contactor will include the provisions of paragraphs(a)through(h)in every sub live and subcontractor purchase order unless exempted y
rules.regulations,or orders issued pursuant to Eaecutive Order. OPPo Y contractor
be binding upon each subcontractor or vendor.The contractor will take such action with respect to any s provided.
how v purchase order entee eomaecDB
ling
nctions for
agency may becomes involvedtin,sor is threatened wi�h.litiga ion.with the tsubcont aaoror vendor aasnclu� sa result of such direction by the contract ng age y.the eontractor
may request the Sate of Colorado to enter into such litigation to protect the interest of the Scale of Colorado.
COLORADO LABOR PREFERENCE
b.When a construction entnet for a public project is to be awarded to a bidder.a resident bidder shill be allowed a preference against■non-f it is sided bidder from
or forrign
try in
a'h mule or e nfi<er th+t{rim^ie for aval Ding the bid thacenmDliama w�hdnen wbsec the ti n jl6 ma,.•(au a deniawhich
rof fed<al fundsdwhich ent tdwouder ld o Aurvise be available ornwould
otherwise be inconsistent with rcqurrcments of Federal law.this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to
and 1021
eliminate the inconsistency with Federal requirements(CRS B-19-101
GENERAL
red herein by reference which provides for arbitration by pay exta judiciil body or Person a which
7.The laws of the Sate Of Colorado and N1CS and regulations Iafatd pursuanl lherct0 shall be applied m the ntefpKatlo.exeeutlo,and enforcement Of this
contract.Any provision of this contract whether or not ncorpoa incorporated herein by mfcfP"
is otherwise in conflict with said laws•rates.and regulations hole be cor in pan shall be val,idcmd null id or ofotceable w available n MY action void.NO* u l whether by way of complaint.
the
which fence.or
negate this or any othermadert Pro
defence,purports
its to neg.Any provision rcadered null provision
void in by the Operation of this provision enforces)
not invalidate the remainder of this emtoa to the extort that
contract is capable of execution. regulations that Gave
_S.At all times during he performance of th he contract.the Contactor shill strictly adhere to all ttpplieable federal and atate laws.Nles,and
been or may hereafter be established*
ar with CRS 18-8-301,see seq..(Bribery and Cortupt Influences)and CRS IS_",.at.seq..(Abuse of Public Office).
9.The signatories aver that they are famili
and that no violation of such provisions is presen4 described herein:
10.The signatories aver that to their knowledge,no sole employee has any personal or beneficial interest whatsoever in the
service or property
WITNESS WHEREOF.the panics hereto have executed this Contract an the day first above written.
Contracts .
STATE OF COLORADO
(Full Legal Name) ROY ROMER,GOVERNOR
By
•5 E%ECUTr'E D OR
Pasirion(Title)
s«d srcwhr Nwah«« edmr 1.D.naararr DEPARTMENT
OF
If Corpoalionn
Attesl(Scal)
BY
Con«am 3«rrcwS.er E9aivalru.T«vnKiHK .:ekra
APPROVALS
ATTORNEY C.ENERAL CONTROLLER
By
By
Form 6-AC-02C Page 2 wh,ch I.the last oft_ pages
Rcviud 1193
395-53-01.1030 _
CONSTRUCTION CONTRACT ADMINISTRATION CHECKLIST
Region: 04— Project Code 11: 1134-5
Ff Co!lrzs sFM M455 -032
Local Agency: Ci of 1 Project#:
Design Project Manager: P. Mar Location: /11�5
s. E�lS Description:
Resident Engineer: i p e,
The following checklist shall be utilized to establish the CONSTRUCTION CONTRACT
ADMINISTRATION responsibilities of the individual parties to this agreement.
THE CHECKLIST SHALL BE PREPARED BY PLACING A "X" UNDER THE RESPONSIBLE.
AGENCY, OPPOSITE EACH OF THE TASKS LISTED BELOW.
WHEN NEITHER CDOT NOR THE LOCAL AGENCY WILL BE RESPONSIBLE FOR A
PARTICULAR TASK, INAPPLICABLE (NA) SHALL BE PLACED UNDER BOTH AGENCIES
AND AN EXPLANATION OF WHY NEITHER AGENCY IS RESPONSIBLE SHALL BE
INCLUDED.
TASKS THAT WILL BE PERFORMED BY HEADQUARTERS STAFF WILL BE SO
INDICATED.
THE REGIONS, IN ACCORDANCE WITH ESTABLISHED POLICIES AND PROCEDURES
WHEN APPLICABLE, SHALL DETERMINE WHO SHALL PERFORM ALL OTHER TASKS
THAT ARE THE RESPONSIBILITY OF CDOT.
THE PROJECT MANAGER SHALL NOTIFY THE APPROPRIATE RESIDENT ENGINEER
OF FINAL INSPECTION REVIEWS (F.I.R.) AND FINAL OFF ICE: REVIEW (B.O.R•) FOR ALL
LOCAL AGENCY PROJECTS.
IF THE CONSTRUCTION CONTRACT ADMINISTRATION RESPONSIBILITIES HAVE
CHANGED,THE FOLLOWING PROCEDURES SHALL BE USED.
If Contract Administration responsibilities are changed after the h.LR.. the Project Manager shall prepare
a revised checklist and submit a copy to the RCE. The Project Manager shall prepare the FINAL.
Checklist prior to the F.O.R. and submit copies to all persons receiving the F.O.K. notice.
X PRELIMINARY CHECKLIST DATE:
REVISED CHECKLIST DATE:
FINAL. CHECKLIST DATE:-
GC: L. C701-IM7 F116 4042
RESPONSIBLE PARTY
LOCAL
AGENCY CDOT
No. DESCRIPTION OF TASK
f
1. Set Disadvantaged Business Enterprise(DBE)goals for .. . • • • • . • • . — x
the project. (CDOT Region EEO Administrative Program Specialist)
}
2. Set On Job Training(OJT) goals for the project ./l//1 . . . . . . . . . . . . . . . x_
(CDOT Region EEO Administrative Program Specialist)
3. Assure that the correct Federal Wage . .!VL}-. . . . - . - • • - • • • • - • . —
x _
Decisions,all required DBE/OJT Special Provisions,and the
FHWA Form# 1273 are included in the Contract documents.
(CDOT Region Design Project Manager)
4. Advertise for bids/open bids . . . . . e b / CG/ s
(CDOT Center for Procurement and Contract Services, f
Center for Human Resources and Administration, when CDOT C l` �/!/V`�CohJ�rkIUS/
is responsible.)
5. Distribute "bid set" of plans and specifications to . . NA . . X
the person responsible for showing the project.
(CDOT Printing and Visual Communications Center, Division
of Human Resources and Administration, when CDOT is responsible.)
6. Review work site and plan details with bidders while. . . . . • . . X
project is under advertisement.
7. Determine compliance with DBE requirements . . . N. . . . . . . . . . . . . . .
X
before the Contract is awarded. (CDOT Business Programs Office)
a. Check CDOT Fomt # 715 (Certification . . ./\/A. . . . . . . . . . . . . x
of Proposed DBE Participation) when the low bidder meets
DBE goals. (CDOT Business Programs Office,757-9234,
Room 4287, Division of Human Resources and Administration)
b. Evaluate CDOT Form 11 718 (DBIi Good . . . . . . . . . . . . . --
Faith Effort Documentation) and determine if the Contractor
has made a good faith effort when the low bidder does not
meet the DBE goals. (CI)0T Business Programs Office)
C. Approve/disapprove award of Contract by . JVk. . . . . . . . . .
completing COOT Form H 719 (D13G Participation Summary).
(This form must be completed before the Contract is awarded.)
(CDOT Business Programs Office)
RESPONSIBLE PARTY
LO AL
AGENCY CDOT
DESCRIPTION OF TASK
8. Approve rejection of low bidder . . . . . .I�A•. . . . . . . . . . . . . . . . . . . . . . . _ (
9. Award Contract(CDOT Center for Procurement and ./V . . . . . _ . . . . X
Contract Services, Division of Human Resources and Administration,
when CDOT is responsible)
liE Ntust PreparC a Fiaunucd
10. Award Contract Financial Statement Sf/ht•Sl�n]/1ag/izin• • .k&l • • • . X
K-.ec costs. See L*Fed kd Come Manua/- Bidand
II. Distribute six(6) "award sets' of plans and specifications . !/Q. . . . . . . . X
to CDOT Region Resident Engineer. Distribution will be made to
the Region Construction Engineer(RCE),the Staff Construction
Engineer,the Region Materials Engineer(RME), the Staff Construction
and Materials Branch Manager,and the Region Pre-Construction Manager.
12. (a) Issue notice to proceed to the Contractor . . . !,� . . . . . . . . . . . . . . X —
(CDOT Center for Procurement and Contract Services,
Room A140, West Annex, Division of Human Resources
and Administration, when CDOT is responsible)
(b) Request pre-construction packet of . . N7 . . . . . . . . . . . . . . . X
information from the Region EEO Administrative Program
Specialist prior to the pre-construction meeting. 5. n/R/ll Q"¢ , 350-Z/46
13. Conference:
' (a) Pre-construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C
(b) HBP pre-paving . . .Nk . . . . . . . . . . . . X —
(c) Structural concrete pre-pour W . . . . . . . . . . . . . . . . . . . . X
. (d) Concrete pavement pre-paving . . . . . . . . . . . . . . . . . J_ —
(e) Pre-survey:
(1) Construction staking . . . . . . . . . . . . . . . . . . . . . . . . . . X
(2) Monumcntation NIt . . . . . . . . . . . X _
RESPONSIBLE PARTY
LOLAL
AGENCY CDOT
6ESCRIPTION OF TASK
14. Supervision of construction:
(a) Professional Engineer(PE)who will be "in X
responsible charge of construction supervision".
Epp 64,ql Di,erpg 2z/-6�os
Local Agency PE(LAPE) Phone Number
(b) Develop and distribute public notice of planned X
construction to the media and local residents.
(c) Competent, experienced,staff that will complete the X —
following tasks and ensure that the Contract work is
constructed in accordance with appropriate CDOT
policies and procedures. (For guidance and assistance,
please refer to the CDOT Procedural Directives and the
following CDOT operating manuals: Construction Manual,
Field Materials Manual, and the Survey Manual.)
(1) CDOT Form # 205 (Sublet Permit Application):
(a) Check CDOT Form # 713 Contractor's DBE X —
Subcontractor, Supply and Service Contract Statement
and check and sign CDOT Form # 205. Submit to
Region EEO Representative.
(b) Check, sign, and approve CDOT Forni # 713 .A/A', . . , X —
and Form #205. (Region EEO Representative)
(2) Construction inspection including calculations. . . . . . . . . . . . X
measurements, and documentation of interim and final
pay quantities.
(3) Conduct Contractors/Subcontractors reviews to /NA". . . . . . . . X' —
ensure conformance with the Equal Employment Opportunity
(EEO)/Affirmative Action(AA)/DBE/OJ"r requirements
contained in the Contract. (Standard Special Provisions,
Project Special Provisions, and FHWA Form # 1273.)
(Region EEO Representative)
RESPONSIBLE PARTY
LOCAL
AGENCY CDOT
!�. DESCRIPTION OF TASK
(4) Notify CDOT Region EEO Administrative Program N�. . . . X
Specialist and request assistance for all DBE/OJT questions
or concerns.
(5) Complete and submit to the CDOT Region EEO ��. . . . . . X
Representative,CDOT Form # 280 (Equal Employment
Opportunity and Labor Compliance Verification).
(6) Monitor DBE participation to ensure compliance with theNk X
"Commercially Useful Function" requirements.
(7) Complete and submit to the CDOT Region EEO NA-. . . . . . . X
Representative, CDOT Form # 200 (OJT Training
Questionnaire), when the project contains OJTs.
(8) Check certified payrolls to verify that Contractor/ N� . . . . . K
subcontractors are in compliance with Contract requirements.
(9) Coordinate submittal by Contractor and all subcontractorsk)A- X
of FHWA Form # 1391 (Highway Construction Contractor's
Annual EEO Report) to the CDOT Region EEO Administrative
Program Specialist. The Report is due in Staff Construction and
Materials Branch August 20(h for all active construction projects.
(10) Materials:
(a) CDOT Form # 250 (Materials Documentation Record):
1) Fill out and distribute CDOT Form Mt - - . - - X
# 250 before the Contractor commences
work. (CDOT Region Materials, when
CDOT is responsible)
11) Complete CDOT Form 250 ./V . . . . . . . . . x
after work is completed. Distribute per
instructions in CDOT Field Materials Manual.
X
(b) Approve changes to typical section. . . . . . . . . . . . . . . .
(c) Design mix approvals: . . . . . ti
RESPONSIBLE PARTY
LOCAL
ANY CDOT
NO. DESCRIPTION OF TASK
1) Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X —
If) Hot Bituminous Pavement(HBP) X
(d) Acceptance of manufactured products. x
(e) Inspecting fabrication of structural steel. . . . . . . . . . . . . x
(f) Inspecting fabrication of bearing devices. . . . . . . . . . . . X
(g) Process control testingX
(h) Acceptance testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X —
(i) Independent assurance testing(Region K
Materials Laboratory) Te d IrAtic SI \
D5}rd1Ai0h )
(1 1) Approving sources of materials X
x
(12) Approve shop drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
b Ci F Ff, &111115 x
(13) Approve traffic signal equipment . . . . . . . . .I•� —
x
(14) Construction survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . —
(15) Rights-of-way monumentation . J . . . . . . . . . . . . . . . . . . . .
x
(1 G) Prepare, approve,and sign vouchers for interim and X —
final Contractor pay estimates.
(17) Prepare, approve,and sign vouchers for interim and . . . . . . .
X
final utility company billings for utility relocation work.
(18) Prepare and authorize Minor Contract Revisions X
(MCRs) and Contract Modification Orders (CMOs).
(19) Approve MCRs and CMOs x. x
(20) Approve Federal-aid funding for MCRs/CMOs . . : . . . . . x
(21) Monitor project financial status x
RESPONSIBLE PARTY
LOCAL
AGENCY CDOT
CIO. DESCRIPTION OF TASK
(22) Prepare and submit monthly progress reports to the . . . . . . . _x
Region Construction Engineer. CDOT Form # l 10
(Status of Active Construction Projects). Contact RE with status.
(23) Contractor claims/dispute resolution. Local Agenc�: . . . . . X
must follow CDOT procedures unless Section 105.17 of the
Standard Specifications is modified by a Project Special Provision.
15. Make monthly progress and final payments to the Contractor NA. . . . . . X
for completed work. (CDOT Center for Accounting, Division of
Human Resources and Administration, when CDOT is responsible.)
16. Make monthly progress and final payments to the Utility
Companies for completed utility relocation work. (CDOT Center
for Accounting, Division of Human Resources and Administration,
when CDOT is responsible.)
i T Joint FHWA/CDOT Quality Assurance(QA) Review Teams . . . . . . . . . x
will conduct random project reviews in accordance with
CDOT's Stewardship Program. (Staff Design and Staff
Construction and Materials Branch)
18. Final project acceptance, write final project acceptance letter . . . . . . . . . x
and distribute per procedures in the CDOT Construction Manual.
19. Conduct final project inspection,complete and submit CDOT . . . . . . . . . X
Form # 1212 (Final Acceptance Report).
20. Advertise for final settlement. (CDOT Staff Construction and NA . . . . . X
Materials Branch, when CDOT is responsible.)
21. Preparation of final "as constructed" plans. _X
22. Check final quantities. final plans,and the final estimate. . . . . . . . . . X
23. Sign final estimate sheets and voucher . . . . . . . . . . . . . . . . . . . . . . . K
24. Check material certifications . . . . . . . . . . _ --
25. Sign final materials certification . . . . . x —
RESPONSIBLE PARTY
LOCAL
AGENCY CDOT
DESCRIPTION OF TASK
26. Obtain CDOT Form # 17 (Contractor DBE Payment .1 k . . . . . . . . . . . _
Certification) from the Contractor and submit to CDOT Staff
Construction and Materials Branch.
27. Obtain FHWA Form # PR 47 from the Contractor,check . . . . . . .
and then submit to Staff Construction and Materials Branch.
(Required only on National Highway System (NHS) projects exceeding
$1,000,000.)
28. Complete and submit CDOT Form # 950 (Project Closure) . . . . . . . . . . . X_
29. Retain project records ([-or three (3) years from date of project . . . . . . . . X
Closure.)
`�(Aw YA
c[)Or iz d
a' *
F-r- CO.LIAJs Zelp
PRE-CONSTRUCTION ADMINISTRATION CHECKLIST
Region: 04 // SubAccount #• 1154s
Local Agency: FT• L Project # : 5T/1//�� W SS`U3Z
Design Project Mana er: 19.A407/hL�.ocation: F74• �////�S
•c�c�/;u: a and Co111175 S na/hc.s
Resident Engineer S E��/S Description: 9
'_r_Y96
The following checklist shall be utilized to establish the PRE-
CONSTRUCTION ADMINISTRATION CHECKLIST responsibilities of the
individual parties to this agreement .
RESPONSIBLE PARTY
LOCAL
NO. DESCRIPTION OF TASK AGENCY CDOT
1 . Transportation Improvement Program (T. I .P. ) X
2 . Design Data (CDOT 463) . . . . . . . . . . x X
3 . Funding Authorization . . . . . . . . . . X*
4 . LPA/CDOT Project Agreement . . . . . . . . X X
5 . Utility, Railroad, and Consultant A111-
Agreements . . . . . . . . . . . . . . . . X
6 . Consultant Selection /VA . . . . . . . . . x
7 . Field Inspection Review (FIR) . . . . . . . X, X
8 . Public Hearings . . . . . . . . . . . . . . X
9 . Environmental Processes . . . . . . . . . . X*
10 . Design Approval . . . . . . . . . . . . . X
11 : Final Office Review (FOR) . . . . Jl. . . . X K
12 . Force Account Justification (�CT(eV (O.hes.��l✓�t X
:jus h�Ul� 45e oF C;
13 . Proprietary Item Justification /(Q ?� X
14 . Davis-Bacon Wage Rates AM. . . . . . . . . X
15 . Design Exceptions . . . . . . . . . . . . >
16 . Rights-of-Way . . . . . . . . . . . . . X _X__.
PRE—CONSTRUCTION ADMINISTRATION CHECKLIST
Page 2
RESPONSIBLE PARTY
LOCAL MOT
AGENCY
17 . Plans, Specifications, and Construction x
Cost Estimates . . . . . . . . . . . . . .
18 . EEO/DBE Requirements .VA . . . . . . . . . X*
17 . Advertising Less Than Three Weeks A/- X
18 . LPA Ad and Award . W. . . . . . . . . . . X X
19 . Construction Administration . . . . . . . . X
X Preliminary Checklist Date: I Z 3 %6
Revised Checklist Date:
Final Checklist Date:
�o T
FT 64Y.,1AII �l
* Requires FHWA concurrence/involvement .
05/15/95
EXAMPLE A (Lump Sum Contracts)
Project No.
Company Name:
Address: Project Location
Employer (FEIN) ID Number:
SubaccountNo.
Invoice Number and Date:
Progress Report Dated:
%Completed: (1)
Current Billing Period: From: To:
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: (2) $
Total Billed to Date: $
Less: Retainage (10%of billing not to exceed 5%of contract) $
Less: Prior Payments: $
Prior Billing : $ Less Retainage: $ $
TOTAL CURRENT PAYMENT REQUEST: * $
(%To Date of DBE Work: )
I certify that the billed amounts are in agreement with the contract terms:
Signature Title Date
% Completed x Contract Total =Total Curent Payment Request
(1) x (2)
EXAMPLE B (Cost Plus Fixed Fee Contracts)
Project No.
Company Name:
Address:
Employer (FEIN) ID Number: Protect Location .
Invoice Number and Date: Subaccount No.
Progress Report Dated:
%Completed: $
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL
Prior Period Billing Amount:
To:
Current Billing Period: From:
DIRECT LABOR: (List individually) Cost
' Regular Direct Hourly Overtime $
Em to ee Name Classification Hours
Rate $ Hours
Current Total Amount to
This Period Date O tional
$ $
SUBTOTAL- DIRECT LABOR
INDIRECT _(%) (As specified in contract)
OTHER DIRECT COSTS (In -House) $
List individually- at actual cost as in final cost proposal;mileage (miles x$). $
CADD (hrs.x$),equip.rental(hrs.x$),etc. $
SUBTOTAL (DIRECT LABOR,INDIRECT&OTHER DIRECT COSTS) $
FEE (%) (As specified in the contract)
$ $
OUTSIDE SERVICES(Subconsultants&Vendors) (List individually) $ $
(To be in this same format-attach copies)
%To Date on DBE Work
Outside Services Management Expense(when applicable)
$ $
TOTAL CURRENT PERIOD: $ $
TOTAL TO DATE: $ $
LESS: Retaina a 10%of billing not to exceed 5%of contract $ $
LESS: Prior P riments $
Prior Billin Less Retaina e $ $
TOTAL CURRENT PAYMENT REQUEST $ $
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature
Title Date
* Eligible classifications only;in accordance with contract
EXAMPLE C (Specific Rates Of Pay Contracts)
Project No.
Corn an Name:
Address:
Project Location
Em to er FEIN ID Number:
Invoice Number and Date: Subaccount No.
Pro ress Re ort Dated:
%Corn leted: $
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL
Prior Period Billin Amount: $
Current Billing Period:
From: To:
PAY RATES: (List individually)
Regular Overtime Rate of Pay Cost
Em to ee Name Classification Hours Hours* $/Hours*' $
SUBTOTAL- PAY RATES:
OTHER DIRECT COSTS In - House
List individually-at actual rates as in final cost proposal;mileage (miles x$), $
CARD hrs.x
SUBTOTAL Pa Rates and Other Direct Rates) $
OUTSIDE SERVICES (Subconsultants&Vendors) (List individually) $
To be in this same format- attach copies)
%To Date on DBE Work
Outside Services Management Ex ense when applicable)
TOTAL CURRENT PERIOD: $
TOTAL TO DATE:
LESS: Retaina a 10%of billingnot to exceed 5%of contract $
LESS: Prior Pa ments
Prior Billin $ Less Retaina e $
TOTAL CURRENT PAYMENT REQUEST: $
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature
Title Date
* Eligible classifications only;in accordance with contract
*` In accordance.with contract
EXAMPLE D (Local Agency Billing) Date
SECTION I_ CONTRACT DATA project No.
Local Agency:
Address:
Employer (FEIN) ID Number: Project Location
Invoice Number and Date: Sabaccount No.
t Completed:
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $
Federal Share $
Local Agency Share $
State Share $
Prior Period Billing Amount: $
Current Billing Period: From: To:
SECTION II. INCURRED COSTS
DIRECT LABOR: (List individually)
Employee Classifi- Reaular Direct Hourly Overtime Cost
Name cation Hours Rate $ Hours* $
Current Total to
This Period Date
SUBTOTAL - DIRECT LABOR $ $
BENEFITS . t OF DIRECT LABOR $ $
OTHER DIRECT COSTS (In-House)
List individually-at actual cost; $
mileage (miles x $) , CARD (hrs. x $) . $
equip rental (hrs. x $) , etc.
OUTSIDE SERVICES (Consultants 4 Vendors) $
(List individually) (To be in this same format- $
attach copies of invoices)
TOTAL COSTS CURRENT PERIOD: $
TOTAL COSTS TO DATE: $
SECTION III. BILLING
TOTAL BILLING CURRENT PERIOD
(_ t OF TOTAL COSTS) : $
Prior Billing: $�—
I certify that the billed amounts are actual and in agreement with the
contract terms:
Signature Title Date
* Eligible classifications only.
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors
in interest, agree as follows:
A. 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 of Transportation (Title 49,Code of Federal
Regulations,Part 21,hereinafter referred to as the"Regulations"),which are herein
incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor,with regard to the work performed by it after
award and prior to completion of the contract work, will not discriminate on the
ground of race, color, sex, mental or physical handicap or national origin in the
selection and retention of Subcontractors,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 set forth in
Appendix C of the Regulations.
C. Solicitations for Subcontracts Including Procurement of Materials and Eauioment.
In all solicitations either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including procurement
of materials or equipment, each potential Subcontractor or supplier shall be
notified by the Contractor of the Contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the ground of race, color, sex,
metal or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto
and will permit access to its books,records,accounts,other sources of information
and its facilities as may be determined by the State or the FHWA 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
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 efforts
have been made to obtain 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 FHWA 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. IncorQoration 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 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 FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened
with, litigation with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to protect the
interest of the State and in addition, the Contractor may request the FHWA to
enter into such litigation to protect the interests of the United States.
page 2 of 2 pages
APPENDIX B
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1 . Policy.
it is the policy of the Colorado Department of Transportation that
disadvantaged business 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 requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2 . DBE Obligation,
The recipient or its contractor agrees to ensure that disadvantaged
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard all recipients or
contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for
and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex
in the award and performance of CDOT assisted contracts.
SECTION 3. DBE Program.
The contractor (subrecipient) shall be responsible for obtaining
the Disadvantaged Business Enterprise Program of the Colorado
Department of Transportation, 1988, as amended, and shall comply
with the applicable provisions of the program.
A copy of the DBE Program is available from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver CO 80222-3400
Phone: (303) 757-9231
and will be mailed to the contractor upon request.
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^' � ���_?( Certification for Federal Aid Contracts�-�._Y � , � -4 rt r
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The contractor certifies, by signing this contract, to the best of its knowledge and belief "r
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that
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(1) No Federal appropriated funds have been"paid will be paid, by or on behalf or x4
the undersigned;to any person for influencing or attempting to influence an officer or �r .
employee of any Federal agency,`a Member of Congress, an officer or employee of z
Congress, or an employee of a Member of Congress in connection with the awarding of
I
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal,amendment,or modification.of any Federal contract, grant,loan,
or cooperative agreement. "
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or of Congress, or an :t
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify,and
disclose accordingly. =
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