CDOT Letter

GREG LOPEZ 2455 RAYBURN HOUSE OFFICE BUILDING
4TH DISTRICT, COLORADO I202206 46515-0604

WASHN
N SCIENCE,
HOUSE COMMITTEE O 271 S ELM AVE
Congress of the United States

SPACE, A
ND TECHNOLOGY 1
SUITE A
HOUSE COMMT O BUDGET

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House of Kepresentatives 90 CEN
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ad lash i ngt on, D E 20 5 15- 0 604 C
AST20)653-9189903
November 7, 2024
The Honorable Pete Buttigieg

Secretary
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
Dear Secretary Buttigieg:
We write to bring ot your attention a matter of growing concern regarding the Colorado
Department of Transportation (CDOT) and the oversight of federal transportation funds, safety
standards, and project management.
As you know, the Federal Highway Administration (FHWA) within the U.S. Department of
Transportation (USDOT) oversees the Federal-aid Highway Program (FAHP), which includes
the Highway Safety Improvement Program (HSIP). HSIP is a core highway program intended to
address and bolster safety needs. As part of the HSIP program, each state is required to develop
and implement a Strategic Highway Safety Plan (SHSP) o t address fatalities and serious injuries
on highways and public roads. According to CDOT's website, the 2020-2023 Colorado Strategic
Transportation Safety Plan was approved ni April of 2020 and identified a topline goal of
reducing fatalities and serious injury crashes by 51 percent by 2023. The plan was signed by
CDOT, along with the FHWA Division and Regional offices.
Over the past several years, including through the COVID-19 pandemic, Colorado's population
has experienced significant growth. This growth has compounded stresses on infrastructure and
current projects administered by CDOT. Increased demand on transportation systems may
contribute to more safety concerns for our highway workers. As dollars are already being
stretched thin, it is imperative that safety remain of utmost importance. Ensuring transparency,
accountability, and compliance with safety regulations should be a top priority for CDOT,
especially when such large sums of federal dollars are being provided to protect the lives of
Coloradans. The responsible use of federal funds and prioritization of safety is not just a state
concern, but a national one. We understand numerous concerns have been raised by contractors
working directly with CDOT, including a disregard for state and federal safety guidelines. Below
are several recent examples of devastating accidents n
i construction work zones across Colorado:
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1. May-July 2024: There has been a 400% increase in accidents between Mead and
Berthoud on I-25 North. While no fatalities have been documented, the trend is alarming
given that the project is scheduled ot last another four years."
2. June 6, 2024: On Highway 550, two women were tragically killed while stopped by
Cosilon a construction zone aetr hels rear enseyc apoding vehciel. Rea-rend
.3 August 15, 2024: On 1-70 at Ward Rd., three individuals, including a newlywed couple,
were killed when aloaded semi overturned, spilling its cargo into traffic.ir
.4 September 4, 2024: On U.S. 6 in Mesa County, three people, including two CDOT
maintenance workers, were killed when a vehicle left the travel lane.'
.5 September 18, 2024: On 1-70 between Bethune and Burlington, three people lost their
lives ni a construction zone when a freightliner semi and trailer collided with a van after
hitting cones and a concrete barrier while merging. iv
We believe that highlighting these concerns can lead to meaningful reforms and better protect the
safety of our citizens and workers on the ground. Given the federal government's significant
financial investment in our transportation systems, it's crucial that we understand how these
programs are being administered.
Members of Congress, along with members from Colorado's General Assembly, have met with a
contractor, who shared CDOT's safety plan and documents illustrating that CDOT withheld
traffic flow plans from contractors, started new construction zones without the signature signoff
of the onsite design professional engineers and improperly used safety equipment. Members will
continue ot consider all avenues to shed light on these concerns and conduct oversight. We
respectfully request responses ot the following inquiries by November 22nd",2024:
.1 Please detail how USDOT ensures that federal tax dollars are used properly by state
departments of transportation, including CDOT. Does USDOT and FHWA investigate
state departments when there has been a 60% increase n
i construction work zone
fatalities, as documented by the Colorado State Patrol from 2022 to 2023?
2. Code of Federal Regulations (CFR) Title 23, Chapter1, Subchapter G, Part 635.124 (e) on
Construction and Maintenance states, "Federal funds will not participate: (1) If it has
been determined that state DOT employees, officers, or agents acted with gross
negligence, or participated ni intentional acts or omissions, fraud, or other acts not
consistent with usual State practices ni project design, plan preparation, contract
administration, or other activities which gave rise to the claim;.."vii What are the
procedures USDOT takes when safety concerns are brought to light?
3. W
e are pleased that estimates show traffic fatalities decreased ni 2023 from 2022 vi
However, more work can be done, as shown by CDOT's own reports, illustrating that
fatahties in work zones in 2024 in Colorado are on pace to eclipse the prior year. * What
is being done at the federal level to address this disturbing trend?
4. 23 CFR 630 Subpart J "Work Zone Safety and Mobility," outlines procedures ot ensure
the safety of work zones.* What oversight has USDOT conducted to ensure CDOT is
following these safety regulations? Has USDOT taken steps ot ensure future compliance
with these regulations ni states like Colorado? If not, what are hte ramifications until the
USDOT and FHWA are satisfied all safety standards have been met?
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We appreciate your attention o
t this critical matter and look forward ot your response.
Sincerely,
Grey tops
Congressman Greg Lopez Congressman Jodey Arrington
Colorado's 4ht Congressional District Chairman House Budget Committee
Texas 19 Congressional District
Congressman Sam Graves

Llong Lambow
Congressman Doug Lamborn
Chairman House Committee on Transportation Colorados's 5th Congressional District
& Infrastructure
Missouri's 6* Congressional District
SuBt
Congresswoman Lauren Bobert
Colorado's 3rd Congressional District
CC: Kristin R. White

Acting Administrator
Federal Highway Administration
¡COLORADO DEPT ' F

O TRANSP., 2020-2023 Colorado Strategic Transportation Safety Plan, (April 2020), available
at https://www.codot.gov/safety/traffic-safety/assets/stsp/strategictransportationsafetyplan.pdf.
i Thomas, D
. (2024, August 29). CDOT reports increase of crashes ni Northern Colorado 1-25 Construction Zone.
CBS News. https://www.cbsnews.com/colorado/news/cdot-reports-increase-crashes-northern-colorado-i-25-
construction-zone/.
i Press, M . (2024, June 17). 2 die in U.S. 550 construction zone crash. The Grand Junction Daily Sentinel.
. D
https://www.gisentinel.com/news/briefs/2-die-in-u-s-550-construction-zone-crash/article_de685a8a-2743-11ef-
9el2-7b0a9797578c.html.
Page 3 of 4
ir Acosta, V. (2024, August 28). Speed Reduction, new signage among changes CDOT wil implement on 1-70 near
Ward Road after fatal crash. Denver 7 News. https://www.denver7.com/news/local-news/speed-reduction-new-
signage-among-changes-cdot-will-implement-on-i-70-near-ward-road-after-fatal-crash.
"Butzer, S. (2024a September 4). Driver kills 2 CDOT workers fixing a sign ni Mesa County before crashing, killing
I in the car, officials say. Denver 7 Colorado News (KMGH). https://www.denver7.com/news/local-news/3-people-
including-2-cdot-workers-killed-in-mesa-county-crash.
vi Flagler News. (2024, September 26). Three lose lives ni construction zone. Facebook.
https://www.facebook.com/photo?fbid=1374168510458229&set=a.494255711782851,
vi 23 C.F.R. 635.124.
vi U.S. DOT, NHTSA, Early Estimate of Motor Vehicle Traffic Fatalities ni 2023, (April 2024), available at
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813561.
vsi 23 C.F.R. 630.1002.
xi C.D.O.T. (2024, January 29). CDOT, CSP, and DMV announce progress ni reducing traffic deaths ni 2023.
Colorado Department of Transportation. https://www.codot.gov/news/2024/january/progress-in-reducing-traffic-
deaths-in-2023.
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GREG LOPEZ 2455 RAYBURN HOUSE OFFICE BUILDING

4TH DISTRICT, COLORADO I202206 46515-0604

Congress of the United States

HOUSE COMMT O BUDGET

The Honorable Pete Buttigieg

Dear Secretary Buttigieg:

PRINTED ON RECYCLED PAPER

Congressman Sam Graves

CC: Kristin R. White

¡COLORADO DEPT ' F

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