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Home My WebLink AboutResolution 2014-0019CITY OF WHEAT RIDGE, COLORADO RESOLUTION N0.19 Series of 2014 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE TABOR STREET MULTI-MODAL IMPROVEMENTS FROM THE 1-70 NORTH FRONTAGE ROAD TO RIDGE ROAD WHEREAS, the City supports the construction of the Gold Line Commuter Rail Corridor; and WHEREAS , the City Council wishes to provide enhanced access to the rail station as part of the Gold Line Project by providing multi-modal facilities on Tabor Street from the 1-70 North Frontage Road to Ridge Road ; and WHEREAS , the City has been awarded a federal grant by the Federal Transportation Authority through the Denver Regional Council of Government (DRCOG) and the Regional Transportation District (RTD) to provide for the construction of this particular street segment; and WHEREAS , the City has negotiated an Intergovernmental Agreement (IGA) with the RTD for funding of the project; and WHEREAS , the project funds are programmed in the 2015 Capital Investment Program budget in the total amount of $740,000 in the Gold Line Station Street Project account to finance the project cost , and the City will seek reimbursement of 100% of the project costs from RTD upon project completion; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado, that: Section 1. Contract Approved . The Intergovernmental Agreement (IGA) between the City and the Regional Transportation District for the project: Tabor Street Multi-modal improvements, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective immediately. DONE AND RESOLVED thisd3L>d day of J!]all eJu ') l -:117 I ATTEST: J I ntergovernmental Agreement between The Regional Transportation District and The City of Wheat Ridge for GOLD LINE Base Project funds from DRCOG THIS INTERGOVERNMENTAL AGREEME NT ("IGA") is made and entered into this __ day of , 2014 by and between the RE GIONA L TRANSPORTAT IO N DISTRI CT, 1600 Blake Street, Denver, CO 80202, a po litical subdivision of the State of Colorado , (hereinafter, WRTD " or the "District") and the CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado (hereinafter , "Wheat Ridge" or the "City"). RTD and Wheat Ridge may hereinafter be referred to collective ly as "Parties" or i ndividually as "Party." WHEREAS : A . RTD is authorized under C.R.S . §32-9-10 1, et seq., to develop , maintain and operate a mass transportation system for the benefit of the inhabitants of the District; B. Pursuant to C.R.S. §32-9-119(q), RT D is authorized to enter into agreements with the federal government and state governments, or any political subd ivision the reof; C. Pursuant to the Colorado Constitution , Article X IV,§ 18(2)(a ), and C.R.S. §29-1-203 , et seq., the Parties may cooperate or contract with each other to provide any function , service or facility lawfully autho rized to each, and any such contract may provide for sharing of costs ; D. In furtherance of the public health , convenience and welfare, and pu rsuant to its statutory authority, as part of RTD's FasTracks transit expansion plan approved by voters in November 2004, RTD is constructing Light Rail and Commuter Rail Transit services , lines , related stations , maintenance fac ilities and enhanced bus service throughout the Regional T ransportation District, with five new Light Rai l and Commuter Rai l corridors located within Denver and converging on a central intermodal facility at Denver Union Station downtown, bus rapid transit, and additional extensions or improvements of existing transit lines; E. RTD and Wheat R idge are parties to the Gold Line Corridor Local Agency Contribution Intergovernmental Agreement dates June 23 , 2011 , (the "LAC IGA"). F . In res ponse to the 2008 Resol utio n Number 20 of the Denver Reg ional Cou nci l of Government ("DRCOG ") which approved $6 .461 million of federal funding from its Transportation Improvement Program (''TIP") to Gold Line base project costs , together CCD, RTD , Adams County, the City of Arvada , the City of Whea t Ridge and the Colorado Department of Transportation (collectively, the "Gold Line Partners" or "GLP") agreed to the GLP's proposed base projects and the corresponding allocation of the approved funds, which funds are to be adm i nistered by RTD on behalf of DRCOG . G . Wheat Ridge and RTD jointly ag reed , along wi th the other Gold Line Partners, to the allocation of $7 40 ,228 .00 of those DR COG TIP funds to Wheat Ridge for its performance of certain base improvements as part of the Gold/NWES corridor project, IGA Wheat Rodce RTO-DRCOG Gold Une v 3-14-14 by RTD P•&e 1 of 10 specifically improvements in the vicinity the Ward Road Station in Wheat Ridge consisting of improving Tabor Street south of the Gold Line to the 1-70 Frontage Road North. H. RTD. together with the BNSF Railway Company, filed an application before the Public Utilities Commission of the State of Colorado (PU C) on July 26, 2013 , requesting authority, inter alia, for the widening of Tabor Street, installation of detached sidewalks and bicycle lanes on both sides of the crossing, and required appurtenant signage . RTD 's PUC application included a su pp orting letter from Wheat Ridge to RTD dated December 29, 2011, indicating Wheat Ridge's commitment to utilize its portion of the Go ld Line DRCOG funds for a portion of such improvements. Such application was granted by the PUC on October 2, 2013 in Decision No. C13-1249. I. RTD is now in the process of constructing the Gold/NWES corridor project through Denver Trans it Partners , LLC ("DTP ") and Wheat Ridge is prepared to begin its improvements of the Tabor Street and Ward Road Station and wishes to receive its DRCOG TIP funds through RTD for its performance of those improvements. NOW, THEREFORE , in consideration of the foregoing premises and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows : AGREEMENT: 1. This Agreement provides for the funding to Wheat Ridge of $740 ,228 .00 of Federal Highway Administration ("FHWA") funds wh ich were transferred by the FHWA to the Federal Transportation Authority ("FT A") to be administered by DR COG through RTD for Wheat Ridge's improvements to Tabor Street south of the crossing of the rail line at Ward Road Station and Tabor Street consisting of improving facilities for bicycles and pedestrians ("Tabor Street Improvements"). 2. The Parties have previously ente red into the LCA IGA which agreement remains in effect until terminated and is not voided by this Agreement. To the extent there are any conflicts or inconsistencies between this Agreement and the LCA IGA, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: (1) th is IGA, and (2) the LCA IGA. reference : Exhibits. The following exhibits attached hereto are incorporated herein by this Exhibit A: Exhibit B: Tabor Street Improvements Federal Requirements 3. Plans . Wheat Ridge shall perform the design and procu re the right-of-way and construction of the Tabor Street Im provements in accordance with Exhibit A . Wheat Ridge shall obtain RTD 's approval of any material change from Exhibit A before imp le menting such changes . RTD will provide comments or approval to any design plans within 30 days of subm ission . tGA WhU1 Rodge RTO-ORCOG Gold Lint v 3·14 ·14 by RTO Pase 2 of 10 4. Federal Requirements. In the implementation of the Tabor Street Improvements, Wheat Ridge shall perform the design and procure the right-of-way and construction of the work in accordance with FTA Circular 4220 .1 F. Wheat Ridge shall provide RTD the opportunity to review solicitations for the prime construction contracts and shall allow RTD to take part in the evaluation and selection of the prime construction contractor, at RTD 's election . This Section 4 of the IGA is subject to those terms and conditions identified on Exhibit B. Wheat Ridge shall ensure Exhibit B is incorporated into and appended to each applicable contract or subcontract entered into for the Tabor Street Improvements. a. Retainage and Bonds. Wheat Ridge shall comply with CRS 24-91-101, et seq. and CRS 38-26-1 01, et seq. (to the extent not inconsistent with the Wheat Ridge Code of Laws) in the procurement, administration and closeout of applicable construction contracts awarded for the Tabor Street Improvements work . Wheat Ridge shall ensure that RTD is an obligee on all public works bonds obtained by Wheat Ridge 's contractors for construction of the Tabor Street improvements . Wheat Ridge shall forward to RTD executed copies of such bonds and all contracts and subcontracts for design, construction, materials or otherwise that are entered into with respect to the Tabor Street Improvements. b. Permits. Wheat Ridge shall be solely responsible to obtain permits necessary to implement the Tabor Street Improvements. RTD shall use its best efforts to obtain necessary FTA approvals of Tabor Street Improvements property acquisitions and dispositions . The Parties shall exchange executed copies of all such permits and approvals received. c . Reporting. Wheat Ridge shall provide to RTD copies of all executed contracts and subcontracts not later than 30 days from execution thereof. If RTD or FT A should issue findings following an audit of this IGA or any such contracts for compliance with federal requirements, Wheat Ridge agrees to amend this IGA and to use best efforts to amend any such contracts in order to respond to the audit findings. Wheat Ridge shall provide to RTD a quarterly report consisting of a brief narrative about the current status of the Tabor Street Improvements , specifically advising of any change in milestone dates from the previous reporting period, and advising of the status of achievement of the following milestones for its contract(s): a. final design completion date; b. bid date or estimated date; c . contractor on board date; d. construction completion date; e. contract completion date; and f. major milestone completion dates. d. Environmental Work. Wheat Ridge shall perform, at its sole cost, the management, removal , disposal or remediation (as applicable) of solid and hazardous materials encountered on property that is or will be owned or controlled by Wheat Ridge, including : any property purchased by Wheat Ridge for the Tabor Street Improvements and those portions of the property as shown IGAWheil Rodge RTO-ORCOG Gold lme v .l-14-14 byRTO Pace 3 of 10 on Exhibit A. Environmental Work performed by Wheat Ridge will not be reimbursed by RTD under this I GA. e . Utilities and Re storation. Wheat Ridge shall coo rdinate with RTD in the design and construction of the Tabor Street Improvements and the placement of utilities. Wheat Ridge shall be responsible to arrange for the relocation of any utilities that conflict with the Tab or Street Improvements. RTD shall not be responsible to remove the current Tabor Street Improvements corridor roadway nor restore the property upon which it is installed . f . Access and Schedule. Wheat Ridge shall ensure that the Ward Road worksites are accessible to RTD and its contractors during implementation of the Tabor Street Improvements . The Tabor Street Improvements shall be substantially completed no later than December 31 , 2015 , as such date may be extended by mutual agreement of the parties . If Wheat Ridge fails to implement the Tabor Street Improvements by December 31 , 2015 , or such time as RTD determines that modifications to scope of the Tabor Street Improvements may be required to avoid delays on the Gold /NWES corridor project (the "Project" as defined in the LCA), RTD reserves the right to request a modification of the PUC Decision No. 13-1249 to remove all or portions of the Tabor Street Improvements from the Tabor Street Improvements scope so as to avoid delay to the Project. In such event, the Parties agree to work together in good faith to preserve as much of the Tabor Street Improvements as is practicable, buttn accordance with the LCA, the Parties expressly acknowledge the implications of the timeliness of the completion of the Tabor Street improvements to the Project and agree that that modification of the Tabor Street Improvements might be appropriate avoid causing an Impact (as defined in the LCA ) to the Project. g. Tabor Street Improvements Communications. Wheat Ridge shall address communications to RTD with respect to Federal Requ ireme nts, Retainage and Bonds , Reporting , and invoicing to : Eagle Project Cost Engineer Currently: Elizabeth Noreen El izabeth .Noreen@RTD-Denver.com 303-299-2934 All other commumcations shall be addressed in accordance with Section 11 (Notices). h. Right-of-Way Transactions. 1. Wheat Ridge shall acquire all real property necessary to implement the Tabor Street Improvements, including the five strips of ROW , depicted on Exhibit A. Wheat Ridge shall comply with the Uniform Act and its implementing regulations located at 49 C.F.R. Part 24 in acquiring property that is necessary to im plement the Tabor Street Improvements and shall provide to RTD all documentation necessary for RTD to submit for FT A concurrence on the purchase of the real property. Where required , FTA IGA Whtll Rtdge RTD-DRCOG Gold lint v 3 14 14 by RTD Poge • of 10 concurre nce must be o btained prior to acquiring real property for the Tabor Street Improve ments . i. Cost Responsibilrty f or Tabor Street I mprovements Chan ges. 1. Allowable Costs for Tabor Street Improvements . Wheat Ridge shall follow the applicable cost principles circulars, currently in Title 2 of the Code of Federal Regulations, in determi ning whether Tabor Street Improvement costs are allowable or unallowable . Title 2 C.F.R. part 225, also known as OMB Circul ar A-87, establishes principles and standards for determining costs applicable to grants, contracts, and other agreements with State and local governments and federally recognized Indian tribal governments. Title 2 C.F.R. part 230 also known as OM B Circular A-122 establishes cost principles for nonprofits. Wheat Ridge's costs must specifically relate to the purpose of the DR COG funding and the latest approved Tabor Street Improvements budget. Wheat Ridge may incur costs of both a direct and indirect nature . Direct costs are costs that can be identified specifically with a particula r cost objective and may be charged directly to a grant, contracts. o r to other programs . All direct costs, even for Tabor Street Improvements administration activities , must be adequately supported with proper documentation. For example, a ll labo r charges must be supported with T &A records . Indirect costs are costs incurred for a common or joint purpose benefiting more than one cost objective. Indirect costs must be supported by an approved cost allocation plan (CAP) and/or indirect cost rate proposal. 2. Invoicing. Wheat Ridge shall pay all costs to design and construct the Tabor Street Improvements, including costs to acquire real property necessary therefor. Wheat Ridge shall provide invoices with supporting documentation demonstrating the amount of the Wheat Ridge 's payments to its prime design and construction contractors , less retainage, or for eligible direct costs incurred by Wheat Ridge. Provided Wheat Ridge is not in breach of any ob l igation unde r this IGA, RTD shall pay the DRCOG fun d ing to Wheat Ridge on the basis of actua l allowable costs invoiced, less retainage , for fede rally eligible elements of work in an amount not to exceed the DR COG funding amount of $7 40,228 .00 . Wheat Ridge 's final invoice to RTD shall be for retainage amounts due to Wheat Ridge's contractors in accordance with CRS 24-91-101 , et seq. 3. Disallowed Cost s . Wheat Ridge agrees that reimbu rsement of any cost in accordance he rewith does not cons titute a final FT A decision about the allowability of that cost and does not constitute a waiver of any vio lation by Wheat Ridge of the terms of approved grant Agreement. If the government determines that Wheat Ridge is not entitled to receive any part of the Federa l funds requested , RTD will notify Wheat Ridge stating the reasons and Wheat Ridge will return any funds due to FT A, with interest, 30 days from receipt of a written demand from RTD. Unless prohibited by law, RT D may offset any funds to be made available unde r any agreement with Wheat Ridge that is necessary to satisfy any outstanding monetary claims that FT A may have against RTD and/or IGAWheat Rid&e RTO-ORCOG Gold Une v.~l4·14 byRTO Pase s of 10 Wheat Ridge . Exceptions pertaining to disallowed costs are set forth in FT A direct1ves or in other written Federal guidance . 4. Review by RTD . RTD 's approval of any solicitations, contracts , invoices, right-of-way acquisitions or any other documentation or payment for any the Tabor Street Improvements under this IGA shall not be considered a review of Wheat Ridge 's federal funding compliance practices or an approval of such practices and shall in no way relieve Wheat Ridge of its responsibility to ensure its own compliance with any applicable requirements. In the event any amount paid by RTD with DRCOG funds is later determined to be Ineligible for funding by any agency, Wheat R1dge shall reimburse the amount of those ineligible funds and any interest or penalties . 5 . Local Match . Wheat Ridge shall not receive local agency credit for this DRCOG funding . 5. In the event Wheat Ridge does not expend the full $740,228.00 on the Tabor Street Improvements or does not receive all necessary FTA approvals, the Parties agree to work with DRCOG to determine the appropriate use for the entire award or any unused portion thereof. 6. DISPUTES . Disputes will be initially resolved between the project liaisons . If the respective project lia isons are unable to resolve the dispute, they will document the basis for dispute , either independently or together, and forward such information to senior management in accordance with the follow ing escalation process : (i) RTD FasTracks Senior Implementation Manager and the City 's Public Works Director, (ii) Assistant General Manager for Planning and Development for RTD and the City's Public Works Director, and (iii) the RTD General Manager and the City Manager of Wheat Ridge . 7. LIABILITY. As between the Parties, and without either the City or RTD waiving any of the rights and protections provided under the Colorado Governmental Immunity Act , C .R.S. Sections 24-10-101 to 120 , each Party hereto will be responsible for its own negligence and that of its agents and employees in the performance of this IGA. If either Party is given notice of claim or suit against or involv1ng the other arising from the implementation of this IGA or the design or construction of the Project. it agrees to give the other Party prompt written notice of such claim or suit. 8. APPROVAL BY CITY COUNCIL AND THE BOARD. This IGA is expressly subject to, and will not be or become effective or binding on the City or RTD until approved by the Wheat Ridge City Council ("City Council ") and the Board , respectively. In addition, the Parties expressly acknowledge and agree that this IGA is subject to the ROD and contingent upon federal funding or credit assistance. 9. APPROPRIATION BY CITY COUNCIL AND THE BOARD. This IGA does not commit any present funding by either Party. Im plementation of this IGA implies future financial commitments by both Parties subject to approval by the Board and the City Council and subject to each entity's legally required budgeting , authorization , and appropriation process . Any and all obligations of the City and RTD under and pu rsuant to this IGA which require funding are subject to prior annual appropriations of funds expressly made by the City Council and the IG4 Wheat R•dg~ RTO-ORCOG Gold L'"e v 3-14 14 by RTD P1ge 6 of 10 Board, respectively, for the purposes of this IGA. Nothing herein will be construed by either Party as a multiple fiscal year obligation as described by Article X, Section 20 of the Colorado Constitution . 10. MISCELLANEOUS. 10.1 Merger. This IGA represents the entire agreement between the Parties with respect to the subject matter hereof and all prior agreements , understandings or negotiations will be deemed merged herein. No representations, warranties, promises or agreements , express or implied, will exist between the Parties, except as stated herein . 10.2 Amendment. No amendment to this IGA will be made or deemed to have been made unless in writing executed and del ivered by the Party to be bound thereby. 10.3 Governing Law . This IGA will be interpreted and enforced according to the laws of the State of Colorado , the ordinances of the City, the applicable provisions of federal law, and the applicable rules and regulations promulgated under any of them . Venue for any action hereunder will be proper and exclusive in Jefferson County District Court, Golden , Colorado. 10.4 Term and Termination. This IGA will commence on the Effective Date and will remain in effect until terminated in writing by the Parties or by court order. All provisions of this IGA that provide rights or create responsibilities for the Parties after termination will survive termination of this I GA. 10.5 Authority. The Parties represent that each has taken all actions that are necessary or that are required by its procedures, bylaws , or applicable law to legally authorize the undersigned signatories to execute this IGA on behalf of the Parties and to bind the Parties to its terms . 10.6 Severability. To the extent that this IGA may be executed and performance of the obligations of the Parties may be accomplished within the intent of the I GA. the terms of the IGA are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other terms or provision hereof. 10.7 Waiver. The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon a subsequent breach . 10.8 No Third Party Beneficiaries . It is expressly understood and agreed that enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement, will be strictly reserved to the Parties hereto, and nothing contained in this IGA will give or allow any such claim or right of action by any other or third person under this IGA. It is the express intention of the Parties to this IGA that any person or entity other than the Parties receiving services or benefits under this IGA be deemed an incidental beneficiary only. 10.9 Changes in Law . This IGA is subject to such modifications as may be requ ired by changes in city, state or federal law, or their implementing regulations . Any such required modification will automatically be incorporated into and be part of this IGA on the effective date of such change as if fully set forth herein . IGA Whnt Rodge RTO-ORCOG Gold Une v.3·14 14 by RTO P•&e 1 oflO 10 .10 Independent Contractors. The Parties hereto are independent contractors and not partners or joint venturers of one another. 10.11 Conflict of Interest. No officer, employee or agent of RTD , nor any member of its Board , nor any member of Congress , nor any other public official or employee of the governing body of the locality or localities included within the district, during his or her tenure , or for one (1) year thereafter. will have any personal pecuniary or property interest, direct or indirect, in this IGA or the proceeds hereof. 10.12 Paragraph Headings. The captions and headings set forth in this IGA are for convenience of reference only and will not be construed so as to define or limit its terms and provisions . 10.13 Counterparts. This IGA may be executed in counterparts . Signatures on separate originals will constitute and be of the same effect as signatures on the same original. Electronic and faxed signatures will constitute original signatures. 11 . NOTICES. Except as may be specifically required herein, all communications required by this IGA will be made in writing, via U.S. First Class Post , e-mail, or facsimile, to the following indivtduals (or their delegates ). who will be the project liaisons for their respective organizations : To the City: To RTD: City of Wheat Ridge Steve Nguyen, PE , Engineering Manager 7500 W 29 1h Avenue Wheat Ridge, Colorado 80033 Phone: (303) 235-2862 Facs imile: (303) 235-2857 e-mail : snguyen@ci.wheatridge .co .us Eagle Project Des ign-Build Project Manager Greg Straight, P.E. Reg ional Transportation District 1670 Broadway, Suite 2700, Denver, CO 80202 Phone: 720 .939.5312 Greg .Straiqht@rtd-fastracks.com With a copy for legal notices to : Marla Lien, General Counsel Regional Transportation District 1600 Blake Street Denver. CO 80202 Project liaisons may be changed or additions made at the discretion of each Party by written notice to the other Party. IGA Whet I Ridge RTO-OR COG Gold ltne v .3·14 14 bv RTO Page 8 of JO The remainder of this page is intentionally left blank. IGA Whtat Rid&e RTO-DRCOG Gold Une v.3-14-l4 by RTO Pl&t 9 ollO IN WIT NESS W HEREOF , the City and RTD have executed , through their respective lawfully empowered representatives , this IGA as of the day and year above written . ATTEST: CITY OF WHEAT RIDGE By ~rlflL~L eU;Shaver 1ty Clerk RECOMMENDED AND APPROVED : By :fl~ Patrick Goff City Manager, City of Wheat R1dge APPROVED AS TO LEGAL FORM FOR RTD : REGIONAL TRANSPORTATION DISTR I CT By: By:------------- Dana E. Steele Phillip A . Washington Associate General Counsel General Manager Date :------------- IGA Whe;n Rtdce RTO-ORCOG Gold lone v 3·14 14 by RTD P•&e 10 01 10 Section 1 .11- SectJon 2 .o. 1 . :n ~ SectJon 3 Section 4 Exhlb11 A • page I '""" -·"--TABOR STREET Exhibit A ' . : • ~ City of rff' WheatR!9rre _.VI, ll R l I < W 0 R "-\ ::::::!5 ( 11 ~ ot \\"ht'al Rtd~c \1ume~pal Butldtnj; 7'\00 \\ 11)' \ w December 29. 2011 Mr. Ashland Vaughn RTD Fastracks 1560 Broadwa y. Suite 700 Denver CO 80202 RE: Tabor Street Improvements South of Gold Line Right-of-Way Dear Mr. Vaughn. TI11s letter IS to con finn that the City of Wheat Ridge mtends to improve Tabor Street as a complete street south nfthc Gold Line right-of-way to at least 491h Avenue. TI1e improvements wtllmclude widening the street to include a center tum lane and bik e lanes to 49'h A venue. S1dewalks and amcn it v zones will be added to both sides of the street for a I ittlc O\ cr 300 feet south of the Gold Lme right-of-way. The remaining 300 feet to 491h A' enuc ''ill o nl y mcludc sidc\\alk and amenity 1one on the east side of the street because of limiting topography and resulting lack of access to the properties on the \\est side. South of 49 1h Avenue. the 1mpr0\ ements ''ill cons1st of just adding b1ke lanes. smce a s1dewa lk already exists on the cast side of Tabor Street. The City is \'ery committed to thi s project since Tabor Street is shown in o ur Bicycle and Pedestnan Master Plan as a maJor bike route to the Ward Road Station for Wheat Ridge residents. The City also wants to ensure that adeq uate pedestnan facilities are included to access the Station from the propcnies located south ofthe Gold Line . The C1t) is currentl} working" 1th RTD to use their portion of the DRC'OG 2nd S60 m1llion funds to construct these impro\ ementl>. TI1e Cit) is requesting that RTD contmuc to show the Tabor Street crossing as a compete street in accordance '"'ith the City's adopted plans and obtain appro,·al from the Colorado Public Utilities Commission for thi s design. If )OU ha' e any conc<.'Tlls . questions. or comments. please contact me at 303-235-2863 . Si ncerely. "?~-----1>" :>c:z:::: Mark Westberg, PE. C'FM Project Supervisor Exhibit A -page 2 \\\\\\.d .\\ htllttJcfj!t·,((I,U\ EXHIBIT B FEDERAL REQUIREMENTS The City shall comply with and perform its obligations under this IGA in accordance with the following requ irements and provisions, and ensure that (where relevant ) this Exhibit is incorporated into and appended to each contract or subcontract entered into for the work to be performed under this IGA: 1. FEDERAL REQUIREMENTS APPLICABLE TO ARCHITECTURAL AND ENGINEERING CONTRACTS AND SUBCONTRACTS 1.1 Disadvantaged Business Enterprises Requirements In accordance with Section 3 of this Exhibit. 1.2 Incorporation of FTA Terms The provisions of this IGA include, in part, certain Standard Terms and Conditions requ ired by the United States Department of Transportation (DOT), whether or not expressly set forth in the IGA provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220 .1 F, dated November 01, 2008, as may be amended, are hereby incorporated by reference . Anything to the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the IGA. The City shall not perform any act, fail to perform any act, or refuse to comply with any RTD requests which would cause RTD to be in violation of the FTA terms and conditions . The incorporation of FT A terms has unlimited flow down. 1.3 Federal Changes All applicable FT A regulations , policies, procedures and directives, as may be amended or promulgated from time to time during the term of this I GA. 1.4 No Government Obligation to Third Parties The City acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the IGA or the solicitation or award of the underlying contracts or subcontracts, absent the express written consent by the Federal Government, the Federal Government is not a party to this IGA or such contracts and subcontracts and shall not be subject to any obligations or liabilities to RTD, the City, or any other party (whether or not a party to the IGAs or other contracts) pertaining to any matter resulting from the IGA. 1.5 Selection of Architects and Engineers (Brooks Act) All applicable provisions of 40 U.S.C . § 1101, et seq. The City shall use competitive proposal procedures based on the Brooks Act when contracting for architectural and engineering services as defined In 40 U.S.C . § 1101 . 1.6 Debarment Exhibit B to Wheat R idge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 1 (i) Federal Executive Order no. 12549 (Feb. 18. 1986), (ii) Federal Executive Order no. 12689 (Aug . 16, 1989), (iii) 31 U.S.C . § 6101 note (Section 2455 , Pub . L. 103-355. 108 Stat. 3327) and (iv) 49 CFR Part 29 "Governmentwide Debarment and Suspension (Nonprocurement)". 1.7 Lobbying 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995) and 31 U.S.C. 3801, et seq . 1.8 Program Fraud and False or Fraudulent Stat ements and Related Acts The provisions of the Program Fraud Civil Remedies Act of 1986, as amended , 31 U.S.C . § 3801 et seq. and USDOT regulations, "Program Fraud Civil Remed ies", 49 CFR Part 31 . 1.9 C i vil Rights (a) 49 U.S.C . § 5332 (Nondiscrimination 1n Federal Public Transportation Programs); (b) Title VI of the Civil Rights Act of 1964, as amended. 42 U.S.C. §§ 2000d et seq ., and with USDOT regulations. "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act", 49 CFR Part 21; (c) All applicable requirements of Title IX of the Education Amendments of 1972, as amended . 20 U.S.C. §§ 1681 et seq ., and any Federal regulations that prohibit discrimination on the basis of sex that may be applicable ; (d) The Age Discrimination Act of 1975, as amended , 42 U.S.C . §§ 6101 et seq., and any U.S . Health and Human Services implementing regulations , "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance". 45 CFR Part 90; (e) The Age Discrimination in Employment Act. 29 U.S. C. §§ 621 through 634 and any U.S . Equal Employment Opportunity Commission implementing regulations, "Age Discrimination in Employment Act". 29 CFR Part 1625; (f) All equal employment opportunity provisions of 49 U.S .C. § 5332, with Title VII of the Civil R ights Act of 1964. as amended, 42 U.S.C. § 2000e, and Federal implementing regulations and any subsequent amendments thereto, except to the extent FTA determines otherwise in writing, and any applicable Federal equal employment opportunity directives that may be issued from time to time ; and (g) All applicable equal employment opportunity requi rements of U.S. Department of Labor regulations, "Office of Federal Contract Compl iance Programs, Equal Employment Opportunity, Department of L abor", 41 CFR Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity". as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Re lating to Equal Employment Opportunity", 42 U.S.C. § 2000e, and also with any Federal laws, regula tions, and directives that may in the future affect construction undertaken as part of the pr oject. 1.10 Fly Ameri ca Requ i rements Exhibit B to Wheat Ridge/RTD IGA fo r DRCOG funds at Tabor Street Federal Requ1rements Page2 49 U.S.C. § 40118 (the Fly America Act) and the General Services Administration's regulations at 41 CFR Part 301-10 . 1.11 Access Requirements For Persons With Disabilities (a) 49 U.S .C. § 5301(d); (b) All applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended by 29 U.S.C . § 794; (c) The Americans with Disabilities Act of 1990, as amended, 42 U.S .C . §§ 12101 et seq.; and (d) The Architectural Barriers Act of 1968, as amended , 42 U.S .C. §§ 4151 et seq .. 1.12 Energy Conservation Requirements (a) All applicable mandatory energy efficiency standards and policies within applicable State energy conservation plans issued in accordance with the Energy Policy and Conservation Act, 42 U .S.C. §§ 6321 et seq.; and (b) The Requirements of FTA regulations, "Requirements for Energy Assessments", 49 CFR Part 622, Subpart C. 1.13 Clean Water Requirements All applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act , as amended , 33 U.S.C. § 1251 et seq. The City shall report all violations thereof to RTD , to FTA and to the appropriate Environmental Protection Agency Regional Office. 1.14 Clean Air Requirements All applicable standards , orders or regulations issued pursuant to the Clean Air Act, as amended , 42 U.S.C. §§ 7401 et seq. The City shall report all violations to RTD, to FTA and to the appropriate Environmental Protection Agency Regional Office. 1.15 Access to Records and Reports. (a) For a period of three years following final payment , the City shall maintain, preserve and make available to RTD, the FT A Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books , documents, papers and records of the City which are directly pertinent to this work for the purposes of making audits, examinations , excerpts and transcriptions . The City also agrees , pursuant to 49 CFR 633.17, to provide the FT A Administrator or his or her authorized representatives , including any project management oversight contractor, access to City's re cords and sites pertaining to a major capital project, defined at 49 U .S.C. § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S .C . §§ 5307 , 5309 or 5311. E xh ibit B to Wheat Rldge/RTD IGA for DRCOG funds at Tabor Street Federal Requ irement s Page 3 (b) The City sha ll maintain and RT D sha ll have the right to exami ne and audit all reco rds and other evidence sufficient to r eflect properly all prices , costs or rates negotia ted and invoiced in performance of this work. This right of examination shall mclude inspection at all reasona bl e t1mes of the City's offices engaged in performing the wo r k. (c) If this Contract is completely or partially terminated , the City shall make available the records relating to the work ter minated until 3 years after a ny resulting final te rmination settlement. The City shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to work until such appeals, litigation, or cla ims are finally resolved . 2. FEDERAL REQUIREM ENTS APPLICABLE TO CONSTRUCTION CONTRACTS AND SUBCO NTRACTS 2.1 D i sadvantaged Business Enterprises Requirements In accordance with Section 3 of this Exhibit. 2 .2 Incorporation of FTA Terms The provisions of this IGA include, in part, certain Standard Terms and Conditions r equi red by the United States Department of Transportation (DO T), whether or not expressly set forth in the IGA provisions. All contractual provisions requ ired by DOT, as set forth in FTA C ircu lar 4220.1F, dated November 01 , 2008 , as may be amended , are he reby incorporated by reference . Anyth ing to the contrary herein notwithstanding, all FTA mandated te rms shall be deemed to control in the event of a conflict with other provisions contained in the IGA. T he City shall not perform any act, fail to perform any act. or r efuse to comply with any RTD requests which wou ld cause RTD to be in violation of the FT A terms and conditions . The incorporation of FT A terms has unlimited flow down. 2 .3 FTA regulations and policies All applicable FTA regulations, policies, procedures and directives, as may be amended from time to time during the term of this IGA. 2 .4 No Government Obli gation to Thi rd Parties The City acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approva l of the IGA or the solicitation or awa r d of the underlying contracts or subcontracts, absent the express written consent by the Federal Government, the Federal Government is not a party to this IGA or such contracts and sub contracts and shall not be subject to any obligations or liabil ities to RTD , the City, or any other party (whether or not a party to the I GAs or other contracts) pertaining to any matter resulting from the I GA. 2 .5 Debarment (i) F eder al Executive Orde r no. 12549 (Feb. 18, 1986), (ii) Fede ral Executive Orde r no . 12689 (Aug. 16, 1989), (iii) 31 U .S .C . § 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327) and (iv) 49 CFR Part 29 "Govemmentwide Debarment and Suspension (Nonprocurement)". 2 .6 Lobbying Exh ibit 8 to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 4 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995) and 31 U.S.C. 3801, et seq . 2. 7 Program Fraud and False or Fraudulent Statements and Related Acts The provisions of the Program Fraud Civil Remedies Act of 1986, as amended , 31 U.S.C. § 3801 et seq. and USDOT regulations , "Program Fraud Civil Remedies", 49 CFR Part 31 . 2.8 Civil Rights (a) 49 U .S.C. § 5332 (Nondiscrimination in Federal Public Transportation Programs); (b) Title VI of the Civil Rights Act of 1964, as amended , 42 U.S.C. §§ 2000d et seq., and with USDOT regulations , "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act", 49 CFR Part 21; (c) All applicable requirements of Title IX of the Education Amendments of 1972, as amended , 20 U.S.C. §§ 1681 et seq., and any Federa l regulations that prohibit d iscrimination on the basis of sex that may be appl icable ; (d) The Age Discri mination Act of 1975, as amended , 42 U.S.C . §§ 6101 et seq., and any U.S . Health and Human Services implementing regulations . "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance". 45 CFR Part 90 ; (e) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 through 634 and any U.S. Equal Employment Opportunity Commiss ion implementing regulations, "Age Discrimination in Employment Act", 29 CFR Part 1625; (f) All equal employment opportunity provisions of 49 U.S.C . § 5332, with Title VII of the C ivil Rights Act of 1964, as amended , 42 U.S.C. § 2000e , and Federal implementing regulations and any subsequent amendments thereto , except to the extent FTA determines otherwise in writing , and any applicable Federal equal employment opportunity directives that may be issued from time to time ; and (g ) All applicable equal employment opportunity requirements of U.S. Department of Labor regulations . "Office of Federal Contract Compliance Programs . Equal Employment Opportunity, Department of Labor''. 41 CFR Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity", as amended by Executive Order No. 11375, "Amending Executive Order No . 11246 Relating to Equal Employment Opportun ity", 42 U.S .C. § 2000e , and also with any Federal laws , regulations , and directives that may in the future affect construction undertaken as part of the project. 2.9 Fly America Requirements 49 U.S. C .§ 40 118 (the Fly America Act) and the General Services Admin istration's regulations at 41 CFR Part 301-10 . Exhi bi t 8 to Wheat R idge/RTO IGA for ORCOG funds at Tab or Street Federal R equirements Page 5 2.1 0 Access Requ i rements For Persons With Disabilities (a) 49 U.S.C. § 5301(d ); {b) All applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended by 29 U.S.C. § 794 ; (c ) The Americans with Disabilities Act of 1990, as amended , 42 U.S.C. §§ 12101 et seq.; and (d) The Architectural Barriers Act of 1968 , as amended , 42 U.S.C. §§ 415 1 e t seq .. 2 .11 Energy Conservation Re quirements (a ) All applicable mandatory energy efficiency standards and policies within applicable State energy conservation plans issued in accordance wtth the Energy Pol icy and Conservation Act, 42 U.S.C. §§ 6321 et seq .; and (b) The Requirements of FTA regulat ions , "Requ irements for Energy Assessments", 49 CFR Part 622 , Subpart C. 2.12 Cl ean Water Requ i rem ents All applicable standards , orders or regulat ions tssued pursuant to the Federal Water Pollution Control Act , as amended , 33 U.S.C . § 1251 et seq . The City shall report all violations thereof to RTD , to FT A and to the appropriate Environmental Protection Agency Regional Office . 2 .13 Clean Air Requirements All applicable standards , orders or regulations issued pursuant to the Clean Air Act, as amended. 42 U.S. C.§§ 7401 et seq. The City shall report all violations to RTD . to FTA and to the appropriate Environmental Protection Agency Reg ional Office . 2.14 Contract Work Hours and Safety Standards Act All applicable requirements of the Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 et seq., and all applicable implementing regulations . 2 .15 Seismic Safety Requirements The standards for Seismic Safety required in USDOT Se ismic Safety Regulations . 49 CFR Part 41j . 2 .16 Recycled Products All requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended by 42 U.S.C. 6962 , including the regulatory provisions of 40 CFR Part 247, and Exh ibit B to Wheat Ri dge/RTD IGA for DR COG funds at Tabor Street Federa l Requi reme nt s Page 6 Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 2.17 Buy America 49 U.S.C. 5323(j) and 49 CFR Part 661 . The City shall obtain Buy America certifications from each contractor, supplier and vendor and shall provide copies of such certifications to RTD. 2.18 Cargo Preference Requirements All applicable requirements of 42 U.S.C. 1241 and 46 CFR 381. 2.19 Access to Records and Reports. (a) For a period of three years following final payment. the City shall maintain, preserve and make available to RTD, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of the City which are directly pertinent to this work for the purposes of making audits, examinations, excerpts and transcriptions. The City also agrees, pursuant to 49 CFR 633.17, to provide the FT A Administrator or his or her authorized representatives , including any project management oversight contractor, access to City's records and sites pertaining to a major capital project, defined at 49 U.S.C . § 5302(a)1, which is rece iving federal financial assistance through the programs described at 49 U.S.C. §§ 5307 , 5309 or 5311. (b) The City shall maintain and RTD shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices , costs or rates negotiated and invoiced in performance of this work . This right of examination shall include inspection at all reasonable times of the City's offices engaged in performing the work. (c) If this Contract is completely or partially terminated, the City shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The City shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to work until such appeals, litigation , or claims are finally resolved . 2.20 Davis-Bacon and Copeland Anti-Kickback Acts The provisions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 and any rulings and interpretations issued by the Secretary of the United Stated Department of labor. (a) Davis-Bacon- (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week , and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 7 the wage determination of the Secretary of Labor which is attached hereto as Annex 1 and made a part of this IGA, regardless of any contractual relationship which may be alleged to exist between the City and such laborers and mechanics . Contributions made or cos ts reasonably anticipated for bona fide fringe benefits under section 1{b}{2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions of paragraph (a}{1 )(iv) of this section; also , regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans , funds , or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the class ification of work actually performed , without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein : Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed . The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the City and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers , which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: ( 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate , including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the City and the laborers and mechanics to be employed in the classification (if known), or their representatives . and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Admin istrator of the Wage and Hour Division , Employment Standards Administration , U.S. Department of Labor, Washington, DC 20210 . The Administrator, or an authorized representative, will approve, modify , or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the City, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not ag ree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative , will issue a determination within 30 days of Exhibit B to Wheat Ridge/RTD IGA for DRCOG runds at Tabor Street Federal Requirements PageS receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (includ ing fringe benefits where appropriate } determined pursuant to paragraphs (a}(1}(ii} (B) or (C) of this section , shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the City shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the City does not make payments to a trustee or other third person, the City may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program , Provided, That the Secretary of Labor has found , upon the written request of the City, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the City to set aside In a separate account assets for the meeting of obligations under the plan or program . (2) Withholding. RTD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the City under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is he ld by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees , and helpers, employed by the City or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice , trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, RTD may, after written notice to the City, sponsor, appl icant. or owner, take such action as may be necessary to cause the suspension of any further payment, advance , or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the City during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project}. Such records shall contain the name , address , and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b X2XB ) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid . Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1}(iv} that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b}(2)(B) of the Davis-Bacon Act, the City shall maintain records wh ich show that the commitment to provide such benefits is enforceable , that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected , and records which show the costs antici pated or the actual cost incurred in providing such benefits . The City, if employing apprentices or trainees under approved Exhibit B to Wheat Ridge/RTD IGA for ORCOG funds at Tabor Street Federal Requirements Page9 programs , shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs , the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs . (ii)(A) The City shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Transit Administration if the agency is a party to the contract , but if the agency is not such a party, the City will submit the payrolls to the applicant , sponsor, or owner , as the case may be , for transmission to the Federal Transit Administration . The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5 .5(a)(3)(i), except that full social security numbers and home addresses shall not be included on week ly transmittals . Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired . Optional Form WH-347 is avai lable for this purpose from the Wage and Hour Division Web site at http://www dol qov/esa /whd /forms /wh3471nslr htm or its successor s1te . The City is responsible for the submiss ion of copies of payrolls by all subcontractors . The City and subcontractors shall maintain the full social secunty number and current address of each covered worker. and shall provide them upon request to the Federal Transit Admin istration if the agency is a party to the contract , but if the agency is not such a party, the City will submit them to the applicant. sponsor , or owner, as the case may be, for transmission to the Federal Transit Administration , the City, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements . It is not a violation of this sectton for a pnme contractor to require a subcontractor to provide addresses and social secunty numbers to the pnme contractor for its own records , without weekly submission to the sponsoring government agency (or the applicant , sponsor, or owner). (B) Each payroll submitted shall be accompanied by a ustatement of Compliance ," signed by the City or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following : ( 1 ) That the payroll for the payroll period contains the information required to be provided under §5 .5 (a)(3)(ii) of Regulations , 29 CFR part 5, the appropriate information is being mai ntained under §5 .5 (a)(3)(i) of Regulations , 29 CFR part 5, and that such information is correct and complete ; ( 2 ) That each laborer or mechan1c (including each helper. apprentice , and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate , either directly or indirectly, and that no deductions have been made either directly or mdirectly from the full wages earned , other than permissible deductions as set forth in Regulations . 29 CFR part 3 ; ( 3 } That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed , as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B ) of this section . (D) The fa lsification of any of the above certifications may subject the City or subcontractor to civ il or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the Exhibit 8 to Wheat R idge/RTD IGA fo r DRCOG funds at Tabor Street Federal Requirements Page 10 United States Code . (iii) The City or subcontractor shall make the records required under paragraph (a}(3)(i) of this section available for inspection , copying, or transcription by autho rized rep resen tatives of the (write the name of the agency) o r the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the City or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the City, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds . Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. ( 4} Apprentices and trainees -(i} Apprentices . Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program. who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to t he City as to the entire work force under the registered program . Any worker listed on a payroll at an apprentice wage rate , who is not registered or otherwise employed as stated above. shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . Where the City is performing construction on a project in a locality other than that in which its program is registered , the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the City's or subcontractor's registe red program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered prog ram for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in acco rdance with the provisions of the apprenticeship program . If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification . If the Administrator determ ines that a different practice prevails for the applicable apprentice classification , fringes shall be paid in accordance with that determination . In the event the Office of Apprenticeship Training , Employer and Labor Services , or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program , the City will no longer be permitted to utilize apprentices at less than the applicable p redetermined rate fo r the work performed until an acceptable program Is approved. (ii) Trainees . Except as provided in 29 CFR 5.16 , trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are emp loyed pursuant to and individually registered in a program which has received prior approval , evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration . The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration . Every trainee must be paid at not Exhibit B to Wheat Rldge/RTD IGA fo r DRCOG funds at Tabor Street Federal Requi rements Page 11 less than the rate specified in the approved program for the trainee's level of progress , expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Adm inistrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fri nge benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the appl icable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdraws approval of a training program, the City will no longer be permitted to utilize tra inees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements . The City shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The City or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5. 5( a)( 1) through ( 1 0) and such other clauses as RTD may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts . The City shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination : debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of this IGA, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5 .12 . (8) Compliance with Davis-Bacon and Related Act requirements . All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1 , 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the City (or any of its subcontractors) and the contracting agency, the U.S . Department of Labor, or the employees or their representatives . (10) Certification of eligibility. (i) The City certifies that neither it (nor he or she) nor any person or firm who has an interest in the City's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5 .12(a)(1 ). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3{a) of the Davis-Bacon Act or 29 CFR 5 .12(a)(1 ). Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 12 (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code , 18 U.S.C. 1001 . (b) Contract Work Hours and Safety Act Provisions - ( 1 ) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics (which terms are expanded to include watchmen and guards by 29 CFR 5.5(b)) shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic re ceives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)( 1) of this section the City and any subcontractor responsible therefor shall be liable for the unpaid wages . In addition, the City and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)( 1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Wrthholding for unpaid wages and liquidated damages. RTD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld , from any moneys payable on account of work performed by the City or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. ( 4) Subcontracts. The City or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b}(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)( 1) through ( 4) of this section . (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the City or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics , including guards and watchmen , working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid , daily and weekly number of hours worked, deductions made , and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the City or Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requi rements Page 13 subcontr actor for inspection, copying, or transcri ption by authorized representatives of RTD and the Department of Labor, and the City or subcontractor will permit such representatives to interview employees during working hours on the job. 3. DISADVANTAGED B US INESS ENTERPRISES P ROGRAMS (a) The City shall comply with all requi rements of Title 49, Code of Federal Regulations. Part 26, Participation by Disadvantaged Business Enterprises ("DB Es") in Department of Transportation F inancial Assistance Programs in the performance of the work. The goal for participation of DBEs is 20% for the Project. (b) The City shall not discriminate on the basis of race, color, national origin, or sex in the performance of this IGA. RTD's commitment to the DBE goal is not intended to, and shall not be used as a justification to. discriminate against any qualified company or group of compa n ies. (c) The City shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted I GA. Failure by the City to carry out these requirements is a material breach of this I GA. which may result in the termination of this IGA or such other remedy as RTD deems appropriate. Each subcontr act for the work include the assurance in this paragraph in accordance with 49 CFR 26 .13(b ). (d) The City shall cooperate with RTD with regard to maximum utilization of DBEs and will use its best efforts to insure that DBEs shall have the maximum practicable opportunity to compete for subcontract Work under this IGA. The City shall assist RTD in verifying compliance with the DB E requir ements of this IGA by submitting or requiring its prime subcontractor to submit the forms attached as Annex 2. Upon completion of the work, the City shall submit a summary of payments, by subcontract, made to all subcontractors to RTD's Business Opportunity and Outreach Officer. (e) Pro mpt Payment of DBE Subcontractors The City shall ensure that: (i) its contractor shall pay its DBE subcontractors for satisfactory performance of their contracts, as that concept is described in 49 C.F .R. 26 .29(c), no later than 30 days from receipt of each payment a duly submitted invoice for payment, regardless of whether such the City has been paid for such invoice; (ii) approval of invoices is not unreasonably delayed and that invoices shall be either approved or rejected with written notice of deficiency or dispute to the payee subcontractor within ten days of receipt of invoice by the contractor; a nd (iii) the contracto r makes prompt and full payment of any retainage kept by contractor to its DBE subcontractors within 30 days after such DBE's work has been satisfactorily completed. (f) Defaulting DBE Subcontractors/Termination of Subcontracts (i) The City shall not terminate o r permit termination of a D BE subcontractor performing work related to this IGA without RTD's prior written consent, which RTD is prohibited Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 14 from providing unless the City has shown good cause, as that term is described in 49 C.F.R. 26.53(f)(3), to terminate the DBE subcontractor. (ii) The City will follow the notice and opportunity for response identified in 49 C.F.R. 26.53(f)(4) and (5). The City shall make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. (g) RTD will follow the procedures set forth in 49 CFR. 26.53 and Appendix A to 49 CFR Part 26 in determining whether the City has demonstrated good faith efforts in meeting the DBE Goals. (h) The City shall submit. or require that its prime subcontractor submit, at least monthly a participation report (a DBE Participation Report) in the form set out in Annex 2. At the completion of the work, the City shall submit to RTD a summary of payments made to all DBEs. Exhibit 8 to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 15 Annex 1 Wage Determinations Applicable to the Work Element of the Work Wage Determination to be Applied [Roadway, Heavy, Building , [insert applicable)1 etc] Th1s should be the wage determination mcluded in the Concession Agreement If Eagle Project scope will be performed by a C1ty/County Instead of RTD If other work. this should be the wage determination as of the date of the C1ty/County ISsuance of RFP for the work Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B DICIItWJ't ..__,.AL. ~A'flOIIII OIS-nw::T -[ .__ Chanae Orden: Values Finlll Contn~ct VatU<! Total P....,.,.,en!-: ReceM!d To Date Pa'lln'1l!ntS ReCeM!d This Montn Slllrt Date Annex 2 -DBE Forms PRIME CONTRACTOR MONTHLY REPORT OF D!li!ISI!U! PARTICIPATION ~orm I! Repon Contrect DuretJon Pro.ie<t Ref No Reoon lor Month of Name anll LocotJon of Proi~ct: Name and Address of Prime Contractor a!l.,,_,, ,.. •• .... -"'• ....... ~···- O•d any OBEISBE uNtze employees( or former employees) o1 your flrm or an altlllete7 Comol.,bOn Date ID!d your hrm or an •"•"-rent. or lease equipment to • DBEISBE? O•d ""'Y 08EISBE subcontract any portiOn of cs wortc ID a no,..OBEIS8E sonce the last report firm? Has the scepe of work .,.. subcontn><::t amount chen~d lor t1f'TY OBEISBE stnee the Ia$( repOrt? Name of SubCOnmKtor TOTAL COMMENTS Ptltn• c e .. hAdtU Compliance omcer S•gnewre CERT Protect Tas~ 11 Ongln81 Onglnat Corcrac:t Cont'llet •1- Amount Amount C.O • ,. By s•pnmp th111 form, I pBrsont~lly 11nt1 on bBhB" of thB contrM:tor ttmrm thttt tho mrormtJt•on prtJsentBd m /his documon/1s truthful, set:urtJ/9, comploto end not mlslesdmg Wheat RtdgeiRTD IGA for DRCOG funds at Tabor Street -en ... no F>eyment This Pr~MDus TotaiPorymentS CO's CNe'11DWortc llo<oolh Payments Amountond COIT!plett!ll ~ n, ,. ' ' J Telepl'ione Date -~-· ... ......,..,,~~-·-....... Oiiirt.w.~--• V.,,.._. .....__.,.,....CIA.,._ ,_,., ...... c.ra.a.c..,...,.._ 111(30)) JH-21" Exhibit B Contract PO Subm~tocl Annex 2 -DBE Forms S CHEDU LE OF DBE SUBCO NTRACTOR PARTICIPATION NAME OF CO NTRACT OR: Regard ing : Wheat Ridge Tabor Street Improvements. Total cost of the DBE work: US$ _____________ _ NAME AN D TYPE OF WORK (ELECTRI CAL, PROJECTED AG REED ADDR ESS O F PAVIN G, ETC .) A N D ST A RT & PRI C E T O DBE CONTRACT ITEMS OR PART COMPLETIO N BE PAID TO T HEREOF TO BE PERFORMED DATES FOR DB E BY DBE DBE 1. A current DBE c ertification for each listed DB E must accompany th is enclosure. Fai lure to p rovtde proof of cu rrent DB E certification for any or all listed DBEs will eliminate such listed D BE's participation, and wor k pe rform ed by such D BE will not count towards satisfaction of the D BE goal. If add it ional pages a re required to list all contracted D BEs, photocopy this enclosure as required to make a complete list. 2 . Contracts with DBEs for materials or supplies w i ll be counted toward the DBE goal as follows : (i ) materials or supplies obta ined from a DB E manufacturer will be counted at 100% toward the DBE goals; and (ii ) materials or supplies obtained from a DBE regular dealer will be counted at 60% toward the DBE goals. P lease refer to 49 CFR §26.55 fo r specifics with respect to how DBE participation is counted t owa rd DBE goa ls. Wh eat R1dge!RTD IGA fo r DRCOG f u nds at Tab or Street Exhib 1t B Annex 2 -DBE Forms L ETIER O F INTEN T TO P ERFORM AS A SUBCON TRACTOR Regarding : Wheat Ridge Tabor Street Improvements Theundeffiigned ________________________________________________ __ (the Contractor) intends to engage the undeffiigned DBE to perform wo rk in connection with the IGA puffiuant to a contract (the DBE Contract) between the Contractor and the D BE as (check one]: ____ an individual ____ a corporation ___ a partnership ____ a joint ventu re The D BE status of the undersigned DBE is confirmed on the attached schedu le of DBE participation and represents a company that is certified as of the date on wh ich the DBE Contract is executed. Item Projected Projected COST Commencement Completion Date Date ____ % of the Dollar value of the DBE Contract will be sublet and /o r awarded to non- DBE contractoffi and/or non-DBE suppliers. NAME OF CONTRACTOR NAME OF DBE SIGNATURE SIGNATURE TITLE DATE TITLE DATE Wheat Ridge/RTO IGA for DRCOG funds at Tabor Street Exhib1t B A nnex 2 -DBE F orms S OLI CITATION S TATISTICS RTD is required to c reate and maintain bidder statistics for all firms bidding on prime contracts and bidding or quoting Subcontracts on US DOT -asststed projects per 49 CFR Part 26.11 . The City is required to make copies of this form, send a copy with their initial contact to each contractor and subcontractor (both DBEs and non-DBEs) and require each contractor and subcontractor to return a completed form with its bid . F irm Name: Firm Address (Office Reporting): Status as a DBE or Non-DBE (check one): DBE __ Non-DBE __ Annual Gross Receipts of the Firm: (check one): U .S.$0 to U.S.$500,000 __ Million __ U.S .$500 ,000 to U .S .$1,000,000 __ U.S.$1 Million to U .S.$5 Million to U .S.$10 Million __ U.S.$10 Million to U .S.$20.41 M illion __ Above U .S.$20.4 1 Million. __ Age of the firm: __ _ Signature:---------------------------- Name: T itle : Date: ________________________ ___ Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street U .S.$5 Exhibit B Annex 2 -DBE Forms EMPLOYER CERTIFICATION OF WORKFORCE The undersigned certifies that he/she is legally authorized to make the statements and representations contained in this report and that the statements and representations conta ined herein are true and correct to the best of his/her knowledge and belief. Firm Name : Signature:----------------------------- Name : Title : Date of Execution :-------------------------- Please note that th is data may be obtained by vi sual survey or post-employment records . Neither visual surveys nor post- employment records are prohibited by Federal , State or local law. All specified data are required to be filled in by law. Current utilization as of : Wheat Ridge/RTD IGA for DRC OG fund s at Tabor Street Exh ib it B Annex 2 -DBE Forms M =Male F =Female Job Categories T otal Employees in Establishment Total T otal Male Total Black Hispanic Nattve Asian-Subcontinent Other Employees Employees Female Americans Americans Amencans Pactfic As tan I ncluding lncludtng Employees Americans Amencans Minorities Minorittes Includ ing M F M F M F M F M F M F Minorities Officials & Managers Professionals Techntctans Sales Office & Clerical Craft Workers (skilled) Operatives (semi- skilled) Laborers (unskilled) Service Workers TOTAL Wheat Ridge/RTD IGA ror DRCOG runds at Tabor Street Exhibit B Annex 2 -DBE Forms D ESC RIPTION O F J OB C ATEGORIES Officials and Managers -Occupations requiring administrative personnel who set board policies. exercise full responsibility for execution of these policies. and individual departments or special phases of the operations . Professionals-Occupations reqUinng e ither college education or experience of such kind and amount as to provide a comparable background Technic ians-Occupations requiring a combination of specific scientific knowledge and manual skill which can be obta ined through about 2 years of post high school education , such as is offered in many technical institutes and junior colleges , or through equivalent on-the-job training . Sales -Occupations engaging wholly or primarily in selling. Office and clerical -Includes all clerical-type work. regardless of level of difficulty. where the activities are predominately non-manual though some manual work directly involved with altering or transporting the products is included . Craft Worker (skilled)-Manual workers of relatively h igh sk1lllevel having a thorough and comprehensive knowledge of the processes involved in their work. Exercises considerable independent j udgment and usually requires an extensive period of training. Operatives (semi-skilled)-Workers who operate machines or processing equipment or perform other factory-related duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Laborers (unskilled)-Workers in manual occupat ions wh ich generally require no spec1al tram ing perform rudimentary duties that may be learned in a few days and require the application of little or no independent judgment. Service Workers -Workers in both p rotective and un p rotective service occupations. RACE/ETHNIC IDENTIFICATION White (not Hispan ic origin)-All persons havmg origins in any of the orig inal peoples of Europe. North Africa , or the Middle East Black Americans (not Hispanic origin) -All persons having orig ins in any of the Black racial g roups of Africa Hispanic Americans-All persons of Mex1can . Puerto R ican. Cuban. Dommican. Central or South American , or other Spanish or Portuguese culture o r origin, regardless of race Asian-Pacific Americans-All persons whose orig ins are from Japan, China, Taiwan , Korea , Burma (Myanmar), Vietnam , Laos. Cambodia (Kampuchea), Thailand , Malaysia, Indonesia . the P hilippines , Brunei, Samoa. Guam , the U .S. T rust Territories of the P acific Islands (Republic of Wheat Ridge/RTO IGA for ORCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms Palau). the Commonwealth of lhe Northern Mananas Islands, Macao, Fiji , Tonga , K1rbali , Juvalu , Nauru . Federated Slates of Micronesia , or Hong Kong Subcontinent Asian Ameffcans-All persons whose origins are from Ind ia , Pak1sta n, Bangladesh, Bhutan. the Maldives Islands, Nepal or Sri Lanka Na tive American-All persons having ongins In any of the original peoples of North America , including American Indians , Eskimos, Aleuts, or Native Hawaiians Wheal Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms DBE UNAVAILABILITY C ERTI FI CATION 1, ___________________ _ N ame Title of (Contr actor), certify that Contractor made the following efforts to meet the DBE goal on the [ * ): [please attach any additional efforts that do not fit on this form] • A Contractor representative attended the pre-bid meeting . Yes __ _ No • Newspaper Advertisement Log: (attach copies of ads) Newspaper/Publication Type of Publication Dates of Advertisement Minority/General/Trade • Selected po rti ons of the work to be performed by DBEs Work Categories Type of Bid Contractor's Addit ional (Subcontractor or Estimated Comments Supplier) BudQet • Made efforts to assist interested DBEs in obtain ing bonding, lines of credit, insurance or any necessary equipment, supplies, materials , etc. • [List any specific offers made] • Solicited the following DBEs I Date I Name of DBE I Contact Person I Phone # I Work Category W hea t Rid ge/RTD IG A for D RCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms Contacted Firm • Followed up with initial contacts Da te Name of DBE Phone# Bidding Additional {Yes or No) Comments • Contacted the following other agencies, organizations in recruitment of DBEs inc luding RTD: Date Organization Phone# As shown by the documentation provided to RTD, we feel that we have made good fa1th effort to attain the DB E goa ls. Signature: -------------------- Date: ------------- Wheat R1dge/RTD IGA for DRCOG funds at Tabor Street Exhibit B