HomeMy WebLinkAbout20122520.tiff RESOLUTION
RE: APPROVE FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR THE
IMPROVEMENT OF COUNTY ROAD 12.5 ADJACENT TO THE TOWN OF HUDSON,
COLORADO, AND AUTHORIZE CHAIR TO SIGN -TOWN OF HUDSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a First Addendum to the
Intergovernmental Agreement for the Improvement of County Road 12.5 adjacent to the Town
of Hudson, Colorado, between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Public Works, and
the Town of Hudson, with further terms and conditions being as stated in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the First Addendum to the Intergovernmental Agreement for the
Improvement of County Road 12.5 adjacent to the Town of Hudson, Colorado, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and the Town of Hudson be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said addendum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:"I •
`Sean P.`onway, Chair
Weld County Clerk to the ' a ar
1861 t litv, II m F. arcia, Pro-Te'
BY: /
Deputy Clerk to the Boa `►'�/ "//,./6 A A
p y �► �� � ' ra Kirkmeyer
A ED FORM: David E. Long
t � e{�J
ounty Attorney �1 m �� _� _
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Date of signature:
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o TOWN OF HUDSON
557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351
Phone: (303) 536-9311 FAX: (303) 536-4753
tab_ .a www.hudsoncolorado.orq
EST,ISIS
RECEIVED Id SEP 0 ��
September 6, 2012 SEP 1 2 2012 , L 2012 '/
1
Mr. Bruce Barker WELD COUNTY
Weld County Attorney COMMISSIONERS
1150 "O" Street
Greeley, CO 80631
Re: First Addendum to IGA, I-76 Frontage Road Realignment
Dear Bruce,
Attached are two signed originals of the First Addendum to the IGA for joint funding of
the I-76 frontage road realignment. It was approved last evening by the Board of Trustees. This
addendum, sent to you by Corey a few days ago, was necessary inasmuch as CDOT would not
approve the earlier 3-way agreement. The addendum reaffirms the Town-County provisions of
the earlier agreement.
Please offer this to the Commissioners for their consideration.
We are still waiting for CDOT approval of the design drawings. It is looking like we
won't be able to go out to bid till early next year.
Thanks. Please call if you have questions.
nicer ly,
Joseph A. Racine
Town Administrator
2012-2520
ec w/attachment: Corey Hoffmann, Town Attorney
FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR THE
IMPROVEMENT OF WCR 12.5 ADJACENT TO THE TOWN OF HUDSON, COLORADO
THIS FIRST ADDENDUM is entered into this day of , 2012, by
and between the Town of Hudson, a municipal corporation of the State of Colorado, whose
address is 557 Ash Street, P.O. Box 351, Hudson, Colorado 80642-0351, hereinafter referred to
as "Town;" and the County of Weld, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, whose address is 915 10th
Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Town and the County previously executed an Intergovernmental Agreement
for the Improvement of WCR 12.5 Adjacent to the Town of Hudson, Colorado (the "Original
IGA"), which Original IGA was intended to be executed by the Town, the County, and the
("CDOT)," a copy of which is attached hereto as Exhibit A, and incorporated herein by this
reference;
WHEREAS, CDOT did not execute the Original IGA, but now desires to perform the
same obligations contemplated in the Original IGA via a separate agreement with the Town, a
copy of which is attached hereto as Exhibit B, and incorporated herein by this reference;
WHEREAS, the Town and the County desire to reaffirm their obligations as set forth in
the Original IGA in this First Addendum with the understanding that CDOT's obligations are
separately set forth in Exhibit B; and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
1. RESTATEMENT OF ORIGINAL IGA OBLIGATIONS: The provisions of the
Original IGA are reaffirmed herein by the Town and the County, and the Town and the County
specifically agree to be bound by their respective obligations as set forth in Exhibit A.
2. MODIFICATION AND BREACH: This First Addendum and the Original IGA
contain the entire agreement and understanding between the Town and the County and
supersedes any other agreements concerning the subject matter of this transaction, whether oral
or written. No modification, amendment, novation, renewal, or other alteration of or to this First
Addendum shall be deemed valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. No breach of any term, provision, or clause of this
First Addendum shall be deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any consent by any party
hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute
a consent to, waiver of, or excuse for any other different or subsequent breach.
, 22'
IN WITNESS WHEREOF, the parties hereto have signed this First Addendum this f
day of.f4o/emAer, 2012.
ATTEST: - ♦�' °- COUNTY OF WELD, a political
Weld Coun erk to t e :o �ubdivision of the State of Colorado
/ ' '°
1861
By: Li// X ii J:C� a$i.,l%i% 'u; ' By: 6
Deputy Cler /o the Board '%. R!`t'n Sean P. Conway, Chair
OF Hoa - Board of County Commissioners
t9O of the County of Weld SEP 1 7 2012
k
A VEAL TOWN OF HUDSON, a municipal
QO corporation of the State of Colorado
O�-
CD"-
By; C By:f . fec,c '
innette Barker, Town Clerk Neal Pontius, Mayor
a.0ia-0?5ai
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WCR 12.5
ADJACENT TO THE TOWN OF HUDSON, COLORADO
THIS AGREEMENT is entered into this day of , 2011, by and
between the Town of Hudson, a municipal corporation of the State of Colorado, whose address is
557 Ash Street, P.O. Box 351, Hudson, Colorado 80642-0351, hereinafter referred to as
"Town;"the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is 915 10th Street, P.O.
Box 758, Greeley, Colorado 80632, hereinafter referred to as "County;" and the Colorado
Department of Transportation, whose address for purpose of this agreement is CDOT Region 4,
1420 2nd Street, Greeley, CO 80537, hereinafter referred to as "CDOT."
WITNESSETH:
WHEREAS, Town, County, and CDOT agree that there exists a need for improvements
to the intersection of the 1-76 Frontage Road, Colorado State Highway ("Hwy") 52, Weld
County Road ("WCR") 12.5, and WCR 43.5 (also known as"Hickory Street), and
WHEREAS, Town desires to annex that portion of WCR 12.5 between the Frontage
Road and Cedar Street upon payment of the sum of$100,000 from County to Town to pay for
improvements for said stretch of WCR 12.5, and
WHEREAS, CDOT desires to close the access to Hwy 52 from the frontage road in
exchange for new access from a new roadway to extend in a southwesterly direction from WCR
12.5 and connecting to Hwy 52 perpendicularly, as shown on the plan dated February 15, 2011,
which is attached hereto as Exhibit "A," and incorporated herein by this reference, and
WHEREAS, Town agrees to accept said ownership and maintenance responsibilities
upon completion of the improvements contemplated herein and upon execution of the quit claim
deed for said portion of WCR 12.5 by County, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
1. TERM; SEQUENCE OF EVENTS:
a.. The term of this Agreement shall be from the date first written above to
and until such time as: a) the improvement project is completed, and b) the
reimbursement amount, as described in Subparagraph 3.a., below, is paid by
County and by CDOT to Town.
b. The sequence of the obligations described below shall be as follows:
Page 1 of 4 Pages
(i) the County shall quitclaim that portion of WCR 12.5, (ii) the Town shall annex
the same portion of WCR 12.5, (iii) the Town shall contract for the construction
of improvements contemplated below contingent upon receipt of funds from the
County and CDOT, (iv) the County and CDOT shall provide their respective
contributions to the Town described below; and (v) the Town through its
contractor shall cause the improvements to be constructed.
2. COUNTY AGREES:
a. To pay to Town the sum of $100,000 to be used for the purpose of
improving and paving WCR 12.5, from its intersection with the I-76
frontage road to its intersection with Cedar Street. Said sum shall be paid
to Town upon County receiving information that Town has awarded a
contract for the work to perform said improvements and paving.
b. To participate with Town in petitioning for annexation of that stretch of
WCR 12.5 to be quitclaimed to and annexed by Town.
c. To vacate that stretch of WCR 12.5 from its intersection with WCR 43.5
westerly to its intersection with Hwy 52.
3. TOWN AGREES:
a. To contract for improvements and paving of WCR 12.5, from its
intersection with the I-76 frontage road to its intersection with Cedar
Street ("WCR 12.5 Stretch"), and to accept and segregate the $100,000
paid by County, as set forth above, to be used exclusively for the purpose
of completing said improvements and paving.
b. To annex the WCR 12.5 Stretch.
c. To arrange for the design, permitting and construction of the tie-in of
WCR 12.5 to Colo. State Highway 52 ("Highway 52 Tie-In") at a
perpendicular intersection, without reimbursement by County, as shown
on Exhibit A, and improvements to Hwy 52 as shown on Exhibit B,
attached hereto and incorporated herein by this reference (the "Hwy 52
Improvements").
d. To vacate that stretch of WCR 12.5 from its intersection with WCR 43.5
easterly to the Highway 52 Tie-In.
Page 2 of 4 Pages
4. CDOT AGREES:
a. Upon completion of the improvements to the WCR 12.5 Stretch and the
construction of the Highway 52 Tie-In, to close that portion of the 1-76
Frontage Road from its intersection with WCR 12.5 southwesterly to its
intersection with Colo. State Highway 52 ("Frontage Road Stretch"), and
to close the current access for WCR 12.5 to Hwy 52.
b. To pay to Hudson the lump sum amount of $298,000 upon notice from
Hudson that Hudson has awarded a contract for construction of the Hwy
52 Tie-in and the Hwy 52 Improvements.
5. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH:
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of
this Agreement shall be deemed waived or excused, unless such waiver or consent
shall be in writing and signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse
for any other different or subsequent breach.
Page 3 of 4 Pages
IN WITNESS WHEREOF, the parties hereto have signed this Amendment this day
of , 2011.
ATTEST: ' ��.�— COUNTY OF WELD, a political
Weld County Clerk to the Board ` subdivision of the State of Colorado
_
Deputy Cle to the Board It 1 Q; �'an P. Conway, , Chair
t Fit
, Board of County Commissioners
c v " . � of the County of Weld JAN 3 02012
ATTEST: " TOWN OF HUDSON, a municipal
corporation of the State of Colorado
By: By:
Linnette Barker, Town Clerk Neal Pontius, Mayor
COLORADO DEPARTMENT OF
TRANSPORTATION
By:
Title:
Page 4 of 4 Pages
C/,)?_ oa89
EXHIBIT "B"
CDOT—Division of Transit and Rail
SAP PO#27'001744
CMS# 13 HA4 48565
STATE OF COLORADO
Colorado Department of Transportation
Division of Transit and Rail
FASTER-Transit Grant Agreement
with
TOWN OF HUDSON
TABLE OF CONTENTS
L PARTIES
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1
3.RECITALS 2
4. DEFINITIONS 2
5.TERM 3
6.SCOPE OF WORK 3
7. PAYMENTS TO GRANTEE 4
8. REPORTING-NOTIFICATION 5
9.GRANTEE RECORDS 6
10.CONFIDENTIAL INFORMATION-STATE RECORDS 6
1 I.CONFLICTS OF INTEREST 7
12. REPRESENTATIONS AND WARRANTIES 7
13.INSURANCE 8
14.BREACH 9
15.REMEDIES 10
16.NOTICES and REPRESENTATIVES 12
17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE 12
18.GOVERNMENTAL IMMUNITY 12
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 12
20.GENERAL PROVISIONS 13
21.COLORADO SPECIAL PROVISIONS 15
22.SIGNATURE PAGE 18
EXHIBIT A(Scope of Work and Budget)
EXHIBIT B(FASTER Program Requirements)
EXHIBIT C(Grantee Payment Checklist)
EXHIBIT D(49 CFR 18 Subpart C)
EXHIBIT E(General Procurement Standards)
EXHIBIT F(State and Grantee Commitments)
EXHIBIT G(Option Letter)
EXHIBIT H(Security Agreement)(this will only be used for purchase of transit vehicle(s)or equipment)
EXHIBIT I(State or Federal-Aid Project Agreements with Professional Subgrantee Services) (this will only be used if a
Transit Construction Grant)
EXHIBIT J(Grantee Contract Administration Checklist)(this will only he used if a Transit Construction Grant)
1.PARTIES
This Grant Agreement("Grant") is entered into by and between TOWN OF HUDSON("Grantee"),and the
STATE OF COLORADO acting by and through the Colorado Department of Transportation,Division of
Transit and Rail("State or"CDOT"). Grantee and the State hereby agree to the following terms and
conditions.
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee("Effective Date").The State shall not be liable to pay or reimburse Grantee for any
FASTERGrant.0I.Jul 1 I—originated from approved OSC Grant template Rev 1/12/11 Page I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
performance hereunder, including,but not limited to costs or expenses incurred,or be bound by any
provision hereof prior to the Effective Date.
3.RECITALS
A. Authority,Appropriation,and Approval
Authority to enter into this Grant exists in CRS §§43-1-106,43-1-110,43-I-117,43-2-101(4)(e)as
amended and funds have been budgeted,appropriated and otherwise made available pursuant to CRS
§43-4-811(2)and a sufficient unencumbered balance thereof remains available for payment. Required
approvals,clearance and coordination have been accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is for CDOT to disperse FASTER Transit Program Funds to Grantee to
conduct work within the provisions of this Grant.The work to be completed under this Grant by the
Grantee is more specifically described in Exhibits A and B.
D.References
All references in this Grant to sections(whether spelled out or using the§ symbol), subsections,
exhibits or other attachments, are references to sections, subsections,exhibits or other attachments
contained herein or incorporated as a part hereof,unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A.Budget
"Budget"means the budget for the Work described in Exhibit A.
B. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria
established in§6,§I9,and all Exhibits.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A(Scope of Work and
Budget),Exhibit B(FASTER Program Requirements),and Exhibit C(Grantee Payment Checklist),
Exhibit D (49 CFR 18 Subpart C),Exhibit E(General Procurement Standards),Exhibit F(State and
Grantee Commitments),Exhibit G(Option Letter),Exhibit II(Security Agreement), Exhibit I(State
or Federal-Aid Project Agreements with Professional Subgrantee Services) and Exhibit J(Grantee
Contract Administration Checklist).
D. Goods
"Goods"means tangible material acquired,produced,or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant"means this Grant, its tenns and conditions,attached exhibits,documents incorporated by
reference under the terms of this Grant,and any future modifying agreements,exhibits,attachments or
references incorporated herein pursuant to Colorado State law, Fiscal Rules,and State Controller
Policies.
F. Grant Funds
"Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant.
G. Local Funds
"Local Funds"means funds provided by any city, county or entity(public or private) for performance
of the Work.
H. Manual
"Manual"refers to CDOT's"Local Agency Manual", if applicable.
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Page 2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 14A4 48565
I. Party or Parties
"Party" means the State or Grantee and"Parties"means both the State and Grantee.
J.Project
"Project"means Work identified in Exhibit A.
K.Program
"Program"means the Funding Advancement for Surface Transportation and Economic Recovery
(FASTER)Senate Bill 09-108 grant program that provides the funding for this Grant.
L.Review
"Review"means examining Grantee's Work to ensure that it is adequate,accurate,correct and in
accordance with the criteria established in §6,§19 and Exhibit A.
M. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant,
N. State Funds
"State Funds"means funds provided by the State for performance of the Work.
O. Subgrantce
"Subgrantee"means third-parties, if any,engaged by Grantee to aid in performance of its obligations.
P.Work
"Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
Q. Work Product
"Work Product"means the tangible or intangible results of Grantee's Work, including, but not limited
to,software,research, reports,studies,data,photographs,negatives or other finished or unfinished
documents,drawings,models,surveys,maps,materials, or work product of any type, including drafts.
5.TERM
A.Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on 09/15/2012.This Grant shall
terminate on 09/14/2017 unless sooner terminated or further extended as specified elsewhere herein.
B.Notice to Proceed
Grantee shall not commence performance of the Work until the date specified by a written notice to
proceed,which may be sent by email or by hardcopy pursuit to §16.
C. State's Option to Extend Terms
The State may unilaterally require continued performance for two additional one year periods at the
same rates and same terms specified in the Grant. If the State exercises tins option,it shall provide
written notice to Grantee at least 30 days prior to the end of the current Grant term in form
substantially equivalent to Exhibit G . If exercised,the provisions of the Option Letter shall become
part of and be incorporated into this Grant.The total duration of this Giant, including the exercise of
any options under this clause, shall not exceed five years.
6.SCOPE OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibits A and B
on or before 09/14/2017.The State shall not be liable to compensate Grantee for any Work performed
prior to the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by
the State.
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CD0T—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s)for all purposes hereunder and shall not be employees of the State for any purpose as a
result of this Grant.
D. Federal Laws,Rules and Regulations
If the Grant Funds involves federal finding,Grantee understands and agrees that federal laws, rules
and regulations will control the Work and its implementation. Unless a written waiver is granted,
Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work,
in addition to all State requirements.
E, Option for Phased Performance
The State may unilaterally require the Grantee to begin performance on the next phase of the Project as
outlined in Scope of Work in Exhibit A at the same rates and same terms specified in the Grant. If the
State exercises this option, it shall provide written notice to Grantee in a form substantially equivalent
to Exhibit G.If exercised,the provisions of the Option Letter shall become part of and be incorporated
into this Grant.
7. PAYMENTS TO GRANTEE
The State shall,in accordance with the provisions of this§7,pay Grantee in the following amounts and
using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is$300,000.00, as determined
by the State from available funds. Grantee agrees to provide any additional funds required for the
successful completion of the Work.Payments to Grantee are limited to the unpaid obligated balance of
the Grant as set forth in Exhibit A.The maximum amount payable by the State to Grantee during the
term of this Grant shall be:
G/L Account:4511000010 CO Arca: 1000 Fund:400 Company Code: 1000 Vendor Number:2000318
Functional Area:3020 Funds Center:DT510-010 Total Encumbered Grant Amount:5300,000.00
State Fiscal Year:2013 *Lire Item: 10 *WBS: 19186.10.30
State Funds Amount Total:$300,000.00 I Local Funds Amount Total:$0.00 I Total:$300,000.00
*The Line Item and WBS numbers may be replaced at CDO7"s discretion without a contract amendment as long as such
changes do not change the total amount of the Grant or move funds between phases of the Project in excess of 10%,which
shall be subject to Section 7(C).
Maximum amount payable by the State to the Grantee for each year of this Grant shall be as stated in
Exhibit A and any amendments thereto.
B.Payment
i. Advance,Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Grant or such Exhibit.Grantee
shall initiate any payment requests by submitting invoices to the State in the form and manner
set forth and approved by the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not
paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month until paid in full;
provided, however,that interest shall not accrue on unpaid amounts that are subject to a good
faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent
amounts.The billing shall reference the delinquent payment,the number of day's interest to be
paid and the interest rate.
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CDOT—Division of Transit and Rail
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iii. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's
current fiscal year.Therefore,Grantee's compensation is contingent upon the continuing
availability of State appropriations as provided in the Colorado Special Provisions, set forth
below. If federal funds are used with this Grant in whole or in part,the State's performance
hereunder is contingent upon the continuing availability of such funds.Payments pursuant to
this Grant shall be made only from available funds encumbered for this Grant and the State's
liability for such payments shall be limited to the amount remaining of such encumbered funds,
If State or federal funds are not appropriated, or otherwise become unavailable to fund this
Grant,the State may immediately terminate this Grant in whole or in part without further
liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including,but
not limited to overpayments or improper payments,and unexpended or excess funds received
by Grantee,may be recovered from Grantee by deduction from subsequent payments under this
Grant or other Grants,grants or agreements between the State and Grantee or by other
appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any
person or entity other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Budget line
item adjustments exceeding 10%but less than 24.99%must be submitted in advance of actual cost and
receive written State approval,which approval may be transmitted informally by email or such other
means that does not rise to the level of an amendment to this Grant.A budget revision of Exhibit A
will be issuedby State with any such adjustment. Adjustments in excess of 24.99%for any line item
shall be authorized by the State in an amendment to this Grant.The State's total consideration shall not
exceed the maximum amount shown herein.
D. Local Funds
Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will
be made for Project expenditures reported by Grantee and submitted to and accepted by the State for
payment based on the ratio required State Funds and Local Funds for which Grantee has submitted to
the State.
E.Payment Compliance
All Grant reimbursements shall comply with 49 CFR 18 Subpart C(Exhibit D)of the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125,Appendix A.
8.REPORTING-NOTIFICATION
Reports, Evaluations,and Reviews required under this§8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with§19, if applicable.
A.Performance,Progress,Personnel,and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant,
containing an Evaluation and Review of Grantee's performance and the final status of Grantee's
obligations hereunder. In addition,Grantee shall comply with all reporting requirements, if any,set
forth in the Local Agency Manual and/or this Grant.
B.Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or
administrative agency, related to this Grant or which may affect Grantee's ability to perform its
obligations hereunder,Grantee shall notify the State of such action and deliver copies of such
pleadings to the State's principal representative as identified herein.If the State's principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of
CDOT.
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C. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8
may result in the delay of payment of funds and/or termination as provided under this Grant.
D. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal
and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep,maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make,keep, maintain,and allow inspection and monitoring by the State of a complete
file of all records,documents,communications, notes and other written materials,electronic media
files,and communications, pertaining in any manner to the Work or the delivery of Services
(including,but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain
such records until the last to occur of the following: (i)a period of three years after the date this Grant
is completed or terminated,or(ii)final payment is made hereunder,whichever is later,or(iii) for such
further period as may be necessary to resolve any pending matters,or(iv) if an audit is occurring,or
Grantee has received notice that an audit is pending,then until such audit has been completed and its
findings have been resolved(the"Record Retention Period").
B.Inspection
Grantee shall permit the State,the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine,excerpt,copy and/or transcribe Grantee's records
related to this Grant during the Record Retention Period for a period of three years following
termination of this Grant or final payment hereunder,whichever is later,to assure compliance with the
terms hereof or to evaluate Grantee's performance hereunder.The State reserves the right to inspect the
Work at all reasonable times and places during the term of this Grant, including any extension.If the
Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to
bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot
be brought into conformance by re-performance or other corrective measures,the State may require
Grantee to take necessary action to ensure that future performance conforms to Grant requirements and
exercise the remedies available under this Grant,at law or in equity in lieu of or in conjunction with
such corrective measures.
C. Monitoring
Grantee shall permit the State,the federal government,and other governmental agencies having
jurisdiction, in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms
of this Grant using any reasonable procedure, including,but not limited to: internal evaluation
procedures,examination of program data,special analyses,on-site checking,formal audit
examinations,or any other procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant,Grantee shall submit a copy of the final audit report to the State or its principal representative at
the address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of this§10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes,but is not necessarily limited
to,any State records,personnel records,and information concerning individuals. Such information shall not
include information required to be disclosed pursuant to the Colorado Open Records Act,CRS 24-72-101,et
seq.
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A. Confidentiality,
Grantee shall keep all State records and information confidential at all times and to comply with all
laws and regulations concerning confidentiality of information.Any request or demand by a third party
for State records and information in the possession of Grantee shall be immediately forwarded to the
State's principal representative.
B. Notification
Grantee shall notify its agent,employees,Subgrantees,and assigns who may come into contact with
State records and confidential information that each is subject to the confidentiality requirements set
forth herein, and shall provide each with a written explanation of such requirements before they are
permitted to access such records and information.
C.Use,Security,and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by
Grantee or its agents in any way,except as authorized by this Grant or approved in writing by the State.
Grantee shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be
retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved
in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause
for legal action by third patties against Grantee,the State or their respective agents. Grantee shall
indemnify, save,and hold harmless the State,its employees and agents,against any and all claims,
damages, liability and court awards including costs,expenses,and attorney fees and related costs,
incurred as a result of any act or omission by Grantee,or its employees,agents, Subgrantees,or
assignees pursuant to this§10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee
acknowledges that with respect to this Grant,even the appearance of a conflict of interest is harmful to the
State's interests. Absent the State's prior written approval,Grantee shall refrain from any practices,
activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's
obligations to the State hereunder. If a conflict or appearance exists,or if Grantee is uncertain whether a
conflict or the appearance of a conflict of interest exists,Grantee shall submit to the State a disclosure
statement setting forth the relevant details for the State's consideration.Failure to promptly submit a
disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach
of this Grant.
12.REPRESENTATIONS AND WARRANTIES •
Grantee makes the following specific representations and warranties,each of which was relied on by the
State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care,skill
and diligence in the industry,trades or profession and in the sequence and limner set forth in this
Grant.
B.Legal Authority—Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all
actions required by its procedures, by-laws, and/or applicable laws to exercise that authority,and to
lawfully authorize its undersigned signatory to execute this Grant,or any part thereof,and to bind
Grantee to its terms. If requested by the State,Grantee shall provide the State with proof of Grantee's
authority to enter into this Grant within IS days of receiving such request.
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C. Licenses,Permits,Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have,at its sole expense,all licenses,certifications,approvals, insurance, permits, and
other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall
maintain all necessary licenses,certifications, approvals,insurance, permits, and other authorizations
required to properly perform this Grant,without reimbursement by the State or other adjustment in
Grant Funds. Additionally,all employees and agents of Grantee performing Services under this Grant
shall hold all required licenses or certifications, if any, to perform their responsibilities.Grantee, if a
foreign corporation or other foreign entity transacting business in the State of Colorado,further
warrants that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered agent in Colorado to accept
service of process. Any revocation,withdrawal or non-renewal of licenses,certifications,approvals,
insurance,permits or any such similar requirements necessary for Grantee to properly perform the
terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for
termination of this Grant.
13.INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times
during the term of this Grant.All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a"public entity"within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101,et seq.,as amended(the"CIA"),then Grantee shall maintain at all times
during the term of this Grant such liability insurance,by commercial policy or self-insurance,as
is necessary to meet its liabilities under the GiA. Grantee shall show proof of such insurance
satisfactory to the State,if requested by the State.Grantee shall require each Grant with
Subgrantees that are public entities,providing Goods or Services hereunder,to include the
insurance requirements necessary to meet Subgrantee's liabilities under the GR.
ii. Non-Public Entities
If Grantee is not a"public entity" within the meaning of the CIA,Grantee shall obtain and
maintain during the term of this Grant insurance coverage and policies meeting the same
requirements set forth in§13(B)with respect to Subgrantees that are not"public entities".
B. Grantee and Subgrantees providing
shall require each Grant with Subgrantees,other than those that are public entities,p g
Goods or Services in connection with this Grant, to include insurance requirements substantially similar
to the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute,and Employer's Liability
Insurance covering all of Grantee and Subgrantee employees acting within the course and scope
of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent,covering premises operations,fire damage, independent Subgrantees, products and
completed operations, blanket contractual liability,personal injury,and advertising liability
with minimum limits as follows: (a)$1,000,000 each occurrence; (b)$1,000,000 general
aggregate; (c)$1,000,000 products and completed operations aggregate;and(d) $50,000 any
one fire.
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iii. Automobile Liability
Automobile Liability Insurance covering any auto(including owned,hired and non-owned
autos)with a minimum limit of$1,000,000 each accident combined single limit.
iv. Professional Liability
Professional liability insurance with minimum limits of liability of not less than$1,000,000
each claim and $1,000,000 annual aggregate for both the Grantee or any Subgrantee when:
a) Contract items 625 (Construction Surveying),629(Survey Monumentation), or both are
included in the Grant
b) Plans, specifications, and submittals are required to be signed and sealed by the
Grantee's or Subgrantee's professional engineer, including but not limited to:
(1) Shop drawings and working drawings as described in subsection 105.02 of the CDOT
Standards Specification for Road and Bridge Construction Manual which can be found
at: www.coloradodot.info/business/designsupportkonstruction-specifications/2011-
Specs/2011-Specs-Bood.pdf
(2) Mix designs
(3) Contractor performed design work as required by the plans and specifications
(4) Approved value engineering change proposals
v. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
Insurance policy(leases and construction Grants require additional insured coverage for
completed operations on endorsements CG 2010 11/85,CG 2037,or equivalent).
vi. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-
insurance program carried by Grantee or the State.
vii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal
without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the
State in accordance with§16 (Notices and Representatives)within seven days of Grantee's
receipt of such notice.
viii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee
or its Subgrantees as required herein shall include clauses stating that each carrier shall waive
all rights of recovery,under subrogation or otherwise,against Grantee or the State, its agencies,
institutions,organizations,officers,agents,employees,and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the
State within seven business days of the Effective Date of this Grant.No later than 15 days prior to the
expiration date of any such coverage,Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall,within 10 days of
such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A.Defined
In addition to any breaches specified in other sections of this Grant,the failure of either Party to
perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory
manner,constitutes a breach.The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law,by or against Grantee,or the appointment of a receiver or similar officer
for Grantee or any of its property,which is not vacated or fully stayed within 20 days after the
institution or occurrence thereof, shall also constitute a breach.
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B.Notice and Cure Period
In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other
Party in the manner provided in§16. If such breach is not cured within 30 days of receipt of written
notice, or if a cure cannot be completed within 30 days,or if cure of the breach has not begun within 30
days and pursued with due diligence,the State may exercise any of the remedies set forth in§15.
Notwithstanding anything to the contrary herein,the State,in its sole discretion,need not provide
advance notice or a cure period and may immediately terminate this Grant in whole or in part if
reasonably necessary to preserve public safety or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant,the State shall have all of the remedies listed in
this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and
cure period set forth in§14(B),provided however, that the State may terminate this Grant pursuant to
§15(B) without a breach. The State may exercise any or all of the remedies available to it,in its sole
discretion,concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure
its completion in accordance with the provisions of this Grant and in a timely manner, the State may
notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter
fails to promptly cure such non-performance within the cure period,the State,at its option,may
terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to
properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder.Grantee shall continue performance of this Grant to the extent not terminated,if any.
i. Obligations and Rights
To the extent specified in any termination notice,Grantee shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and subgrants with third parties. However,Grantee shall complete and deliver
to the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right,title,and interest under such terminated
orders or subgrants.Upon termination,Grantee shall take timely,reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an
interest. All materials owned by the State in the possession of Grantee shall be immediately
returned to the State. All Work Product,at the option of the State,shall be delivered by Grantee
to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination.
If,after termination by the State, it is determined that Grantee was not in breach or that
Grantee's action or inaction was excusable,such termination shall be treated as a termination in
the public interest and the rights and obligations of the Parties shall be the same as if this Grant
had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State,Grantee also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Grant by
Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the
State's damages,until such time as the exact amount of damages due to the State from Grantee
is determined.The State may withhold any amount that may be due to Grantee as the State
deems necessary to protect the State,including loss as a result of outstanding liens or claims of
former lien holders,or to reimburse the State for the excess costs incurred in procuring similar
goods or services. Grantee shall be liable for excess costs incurred by the State in procuring
from third parties replacement Work, Services or substitute Goods as cover.
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B.Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado,as determined by its Governor,General Assembly,and/or courts.If this Grant ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations
hereunder.This subsection shall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which shall be governed by§15(A)or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with§16.The notice shall
specify the effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice,Grantee shall be subject to and comply with the same
obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this§15(B),Grantee shall be paid an amount
which bears the same ratio to the total reimbursement under this Grant as the Services
satisfactorily performed bear to the total Services covered by this Grant,less payments
previously made. Additionally, if this Grant is less than 60%completed,the State may
reimburse Grantee for a portion of actual out-of-pocket expenses(not otherwise reimbursed
under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion
of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
C.Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending
necessary corrective action as specified by the State without entitling Grantee to an adjustment
in price/cost or performance schedule. Grantee shall promptly cease performance and incurring
costs in accordance with the State's directive and the State shall not be liable for costs incurred
by Grantee after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made
and completed.
iii. Deny Payment
Deny payment for those obligations not performed,that due to Grantee's actions or inactions,
cannot be performed or, if performed,would be of no value to the State;provided,that any
denial of payment shall be reasonably related to the value to the State of the obligations not
performed.
iv. Removal
Demand removal of any of Grantee's employees,agents,or Subgrantees whom the State deems
incompetent,careless, insubordinate, unsuitable,or otherwise unacceptable,or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best
interest.
v. Intellectual Property
if Grantee infringes on a patent,copyright,trademark,trade secret or other intellectual property
right while performing its obligations under this Grant,Grantee shall, at the State's option(a)
obtain for the State or Grantee the right to use such products and services; (b)replace any
Goods, Services,or other product involved with non-infringing products or modify them so that
they become non-infringing; or,(c) if neither of the foregoing alternatives are reasonably
available,remove any infringing Goods, Services,or products and refund the price paid
therefore to the State.
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16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-
copy notice, notice also may be sent by e-mail to the e-mail addresses, if any,set forth below. Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices
shall be sent. Unless otherwise provided herein,all notices shall be effective upon receipt.
A. State:
Gloria Hice-Idler, Region Permit
Manager
Colorado Dept.of Transportation
_ CDOT-Region 4
1420 2nd Street
Greeley,Colorado 80631
Gloria.Hice-Idler@dot.state.co.us
B. Grantee:
Joe Racine,Town Administrator
Town of Hudson
557 Ash Street
PO Box 351
Hudson,Colorado 80642
manager@hudsoncolorado.org
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
Any software, research, reports,studies,data, photographs,negatives or other documents,drawings,models,
materials,or Work Product of any type,including drafts,prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be
delivered to the State by Grantee upon completion or termination hereof.The State's exclusive rights in
such Work Product shall include,but not be limited to,the right to copy, publish,display,transfer,and
prepare derivative works. Grantee shall not use,willingly allow,cause or permit such Work Product to be
used for any purpose other than the performance of Grantee's obligations hereunder without the prior written
consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary,nothing herein shall constitute a waiver,express or
implied,of any of the immunities,rights,benefits,protection,or other provisions of the GIA.Liability for
claims for injuries to persons or property arising from the negligence of the State of Colorado,its
departments, institutions,agencies, boards,officials,and employees is controlled and limited by the
provisions of the GIA and the risk management statutes,CRS §24-30-1501, et seq.,as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is$100,000 or greater, either on the Effective
Date or at anytime thereafter,this§19 applies.
Grantee agrees to be governed,and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Contract Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Grant, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and
Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration
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process and Grantee's performance will be systematically recorded in the statewide Contract Management
System.Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and
timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant
shall be determined by the specific requirements of such obligations and shall include factors tailored to
match the requirements of Grantee's obligations. Such performance information shall be entered into the
statewide Contract Management System at intervals established herein and a final Evaluation,Review and
Rating shall be rendered within 30 days of the end of the Grant term.Grantee shall be notified following
each performance Evaluation and Review,and shall address or correct any identified problem in a timely
manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department
of Personnel and Administration(Executive Director),upon request by CDOT and showing of good cause,
may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation,Review and Rating by: (a) filing rebuttal statements,which may result in either removal or
correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS§24-105-102(6),exercising the
debarment protest and appeal rights provided in CRS §§24-109-t06, 107,201 or 202,which may result in
the reversal of the debarment and reinstatement of Grantee,by the Executive Director, upon a showing of
good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred,assigned or
subgranted without the prior,written consent of the State.Any attempt at assignment, transfer,or
subgranting without such consent shall be void. All assignments, subgrants,or Subgrantees approved
by Grantee or the State are subject to all of the provisions hereof.Grantee shall be solely responsible
for all aspects of subgranting arrangements and performance.
B.Binding Effect
Except as otherwise provided in §20(A),all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,
successors,and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only,and shall not be used to
interpret,define,or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts,all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written,are merged herein. Prior or contemporaneous
additions,deletions, or other changes hereto shall not have any force or effect whatsoever,unless
embodied herein.
F.Indemnification-General
Grantee shall indemnify, save,and hold harmless the State, its employees and agents,against any and
all claims,damages,liability and court awards including costs, expenses,and attorney fees and related
costs, incurred as a result of any act or omission by Grantee,or its employees,agents, Subgrantees, or
assignees pursuant to the terms of this Grant;however,the provisions hereof shall not be construed or
interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or
other provisions,of the GM,or the Federal Tort Claims Act,28 USC 2671 et seq.,as applicable, as
now or hereafter amended.
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G. Jurisdiction and Venue
All suits,actions,or proceedings related to this Grant shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant,modifications of this Grant shall not be effective
unless agreed to in writing by the Parties in an amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law, State Fiscal Rules,and
Office of the State Controller Policies,including, but not limited to,the policy entitled
MODIFICATIONS OF CONTRACTS-TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in federal or
Colorado State law, or their implementing regulations.Any such required modification
automatically shall be incorporated into and be part of this Grant on the effective date of such
change, as if fully set forth herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to,those
provided by Grantee,such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
i. Colorado Special Provisions
ii. The Provision of the main body of this Grant
iii. Exhibit A(Scope of Work and Budget),
iv. Exhibit B(FASTER Program Requirements),
v= Any executed Option Letter,and
vi. Other Exhibits in descending order of their attachment.
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished
within its intent,the provisions hereof are severable and any provision that is declared invalid or
becomes inoperable for any reason shall not affect the validity of any other provision hereof.
K.Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued
performance,compliance,or effect after termination hereof,shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such
exemptions apply when materials are purchased or services rendered to benefit the State;provided
however,that certain political subdivisions(e.g.,City of Denver)may require payment of sales or use
taxes even though the product or service is provided to the State.Grantee shall be solely liable for
paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them.
M.Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third patties receive as a result of this Grant
are incidental to the Grant,and do not create any rights for such third patties.
N. Waiver
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Waiver of any breach of a term, provision, or requirement of this Grant,or any right or remedy
hereunder,whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver
of any subsequent breach of such term,provision or requirement,or of any other term, provision, or
requirement.
O. CORA Disclosure
To the extent not prohibited by federal law,this Contract and the performance measures and standards
under CRS§24-103.5-101, if any, are subject to public release through the Colorado Open Records
Act,CRS §24-72-101,et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5)
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted,and otherwise made available.
C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied,of
any of the immunities,rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 USC§§1346(b)and 2671
et seq.,as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of
the State. Grantee and its employees and agents arc not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Grantee or any of its agents or employees.Unemployment insurance benefits will be
available to Grantee and its employees and agents only if such coverage is made available by Grantee
or a third party.Grantee shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Grant. Grantee shall not have authorization,express or
implied,to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee shall (a)provide and keep in force workers'compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when requested by
the State,and(c)be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW
Grantee shall strictly comply with all applicable federal and State laws,rules,and regulations in effect
or hereafter established, including,without limitation,laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this grant.Any provision included or incorporated herein by reference
which conflicts with said laws,rules,and regulations shall be null and void.Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole
or in part shall not be valid or enforceable or available in any action at law,whether by way of
complaint,defense, or otherwise.Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this Grant,to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00
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State or other public funds payable under this Grant shall not be used for the acquisition,operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that,during the term of this Grant and any
extensions,Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this provision,the
State may exercise any remedy available at law or in equity or under this Grant, including,without
limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS§§24-18-201 and 24-50-
507
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Giant.Grantee has no interest and shall
not acquire any interest,direct or indirect,that would conflict in any manner or degree with the
performance of Grantee's services and Grantee shall not employ any person having such known
interests.
J.VENDOR OFFSET.CRS §§24-30-202(1)and 24-30-202.4
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to
State agencies for: (a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax,
accrued interest,or other charges specified in CRS §39-21-101,et seq.;(c)unpaid loans due to the
Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the
Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final
agency determination or judicial action.
K.PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101
(Not applicable to agreements relating to the offer, issuance, or sale of securities, investment
advisory services or fund management services,sponsored projects, intergovernmental agreements,
or information technology services or products and services)Grantee certifies,warrants,and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Grant and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant,through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Grantee shall not
knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a
grant with a Subgrantce that fails to certify to Grantee that the Subgrantee shall not knowingly employ
or contract with an illegal alien to perform work under this Grant. Grantee(a)shall not use E-Verify
Program or State program procedures to undertake pre-employment screening of job applicants while
this Grant is being performed,(b)shall notify the Subgrantee and the granting State agency within
three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an
illegal alien for work under this Grant,(e)shall terminate the subgraut if a Subgrantee does not stop
employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall
comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS
§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Grantee participates in the
State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal
work status of such employee, and shall comply with all of the other requirements of the State
program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the granting State agency, institution of higher education or political subdivision may terminate this
Grant for breach and,if so terminated,Grantee shall be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS§24-76.5.101
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Grantee, if a natural person eighteen(18)years of age or older,hereby swears and affirms under
penalty of perjury that he or she(a) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has
produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this
Grant.
SPs Effective 1/1/09
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22. SIGNATURE PAGE
Grant Routing Number 13 HA4 48565
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
*Persons signing for Grantee hereby swear and affirm that they arc authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
TOWN OF HUDSON
By: John W.Hickenlooper,Governor
Colorado Department of Transportation
Print Name of Authorized Individual Donald E.Hunt—Executive Director
Title:
Print Title of Authorized Individual By: Donald E. Hunt,CDOT Executive Director
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
*Signature Violation waiver has been requested under Fiscal Rules
Date:
Date:
2nd Grantee Signature if Needed LEGAL REVIEW
By: John W.Suthers,Attorney General
Print Name of Authorized Individual
Title: By:
Signature-Assistant Attorney General
Print Title of Authorized Individual
Dale:
*Signature
Date:_
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State grants.This Grant is not valid until signed and dated below by
the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing
prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services
provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By:
Colorado Department of Transportation
Date:
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EXHIBIT A—SCOPE OF WORK AND BUDGET
Project FSA O52A-038
This contract covers highway improvements to be completed on Colorado State Highway(SH)52 at the
intersections of the 1-76 West Frontage Road,Weld County Road (WCR) 12.5 and WCR 43.5. Work will include
the following:
1) Construction,signing and striping of auxiliary lanes on SH 52 to the realigned service road. Auxiliary
lanes to be constructed include an eastbound to northbound left deceleration lane,a combined
acceleration/deceleration lane from the existing right-in/right-out access from the gas station to the
new service road,and a southbound to westbound acceleration lane from the new service road onto
SH 52. Traffic control,seeding and mulching to be included in the construction.
2) Closure of the access of the 1-76 West Frontage Road to SH 52.
3) Closure of the access of the 1-76 West Frontage Road to WCR 12.5.
This work is necessary to improve the safety of the roadway. The proximity of the existing frontage road and
the skew of the existing county roads create an unsafe conditions for the traveling public.
The cost of this work has been estimated to be$300,000 of state only funds.
This work will be completed under the supervision and direction of the Town of Hudson and permitted by an
access permit. All work will be completed to meet CDOT standards and specifications.
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FASTERGrant.01.Jul I I —originated from approved OSC Grant template Rev 1/12/11 Exhibit A-I
•
EXHIBIT A- BUDGET AND FUNDING PROVISIONS
A. Cost of Work Estimate, 17597-SH 52 @ I-76 W Frontage Road
CDOT has estimated the total cost the Work to be$300,000.00 which is to be funded as follows:
1 BUDGETED FUNDS
a. State Funds $300,000.00
(100% of Participating Costs)
TOTAL BUDGETED FUNDS $300,000.00
2 ESTIMATED CDOT-INCURRED COSTS
a. State Share $0.00
(0% of Participating Costs)
b. Local Agency
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-
participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. State FASTER Funds Budgeted (1a) $300,000.00
b. Less Estimated State Share of CDOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $300,000.00
FOR CDOT ENCUMBRANCE PURPOSES
`Note- $300,000.00 Is currently available. $0.00
Less ROW Acquisition 3111 and/or ROW $0.00
Relocation 3109
Net to be encumbered as follows: $300,000.00
WBS Element 17597.20.10 Const 3301 $300,000.00
rfi
The ratio for the estimated project cost is 100% State FASTER funds funds, it being understood
that such ratio applies only to the $300,000.00 that is eligible for State FASTER participation, it
being further understood that all cost in excess of$300,000.00, are borne by the Local Agency
at 100%. If the total participating cost of performance of the Work exceeds$300,000.00, and
additional State funds are made available for the Work, the Local Agency shall pay 100% of all
such additional costs and 100% of all excess costs; if additional State funds are not made
available, the Local Agency shall pay all such excess costs. If the total participating cost of
performance of the Work is less than $300,000.00, then the amounts of Local Agency and State
funds will be decreased in accordance with the funding ratio described herein.
B. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $300,000.00
(For CDOT accounting purposes, the State funds of$300,000.00 shall be encumbered.)**Note
- $300,000.00 Is currently available. Funds will be added in the future either by Option
Letter or Amendment, unless such amount is increased by an appropriate written modification
to this Agreement executed before any increased cost is incurred. It is understood and agreed
by the parties hereto that the total cost of the Work and Project stated hereinbefore is the best
estimate available, based on the design data as approved at the time of execution of this
Agreement, and that such cost is subject to revisions (in accord with the procedure in the
previous sentence) agreeable to the parties prior to bid and award.
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SAP PO If 271001744
CMS# 13 1-1A4 48565
EXHIBIT B-FASTER PROGRAM REQUIREMENTS
1. PROJECT PAYMENT PROVISIONS
A. The State will reimburse the Grantee for incurred costs relative to the Project following the State's
review and approval of such charges, subject to the terms and conditions of this Grant. Provided,
however,that charges incurred by the Grantee prior to the Effective Date of this Grant will not be
charged by the Grantee to the Project,and will not be reimbursed by the State.
B. The State will reimburse the Grantee's reasonable,allocable, allowable costs of performance of the
Work,not exceeding the maximum total of this Grant.The applicable principles described in Exhibit D
shall govern the allowability and allocability of costs under this Grant.The Grantee shall comply with
all such principles.To be eligible for reimbursement,costs by the Grantee shall be:
i. in accordance with the provisions,terms and conditions of this Grant;
ii. necessary for the accomplishment of the Work;
iii.reasonable in the amount for the Goods and Services provided;
iv.actual net cost to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of
value received by the Grantee that have the effect of reducing the cost actually incurred);
v. incurred for Work performed after the Effective Date of this Grant; and
vi.satisfactorily documented.
Examples of ineligible costs include:
i. Staff or administrative overhead costs of the Grantee, unless specifically allowed for in the
Scope of Work;
ii. Fines and penalties;and
iii, Entertainment expenses.
C. The Grantee shall establish and maintain a proper accounting system in accordance with generally
accepted accounting standards and principles (a separate set of accounts, or as a separate and integral
part of its current accounting scheme) to assure that Grant Funds are expended and costs accounted for
in a manner consistent with this Grant and Project objectives:
i. All allowable costs charged to the Project, including any approved services contributed by the
Grantee or others, shall be supported by properly executed payrolls, time records, invoices,
grants or vouchers evidencing in detail the nature of the charges.
ii. Any check or order drawn up by the Grantee, including any item which is or will be chargeable
against the Project account shall be drawn up only in accordance with a properly signed
voucher then on file in the office of the Grantee, which will detail the purpose for which said
check or order is drawn. All checks, payrolls, invoices, grants, vouchers, orders or other
accounting documents shall be clearly identified, readily accessible,and to the extent feasible,
kept separate and apart from all other such documents.
D. The Grantee will prepare and submit to the State, no more than monthly, charges for costs incurred
relative to the Project. The Grantee's invoices shall include a description of the amounts of Services
performed, the dates of performance and the amounts and description of reimbursable expenses. The
invoices will be prepared in accordance with the State's standard policies, procedures and standardized
billing format to be supplied by the State.
E. To be eligible for payment, billings must be received within 60 days after the period for which payment
is being requested and final billings on this Grant must be received by the State within 60 days after
termination of this Grant.
i. Payments pursuant to this Grant shall be made in whole or in part, from available funds,
encumbered for the purchase of the described services. If this Grant is terminated, final
FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 111211 1 Exhibit 13-1
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
payment to the Grantee may be withheld at the discretion of the State until completion of final
audit.
2. STATE AND GRANTEE COMMITMENTS
CDOT and the Grantee also agree to ensure the Project is completed within the applicable design and
construction standards in accordance with Exhibit F-State and Grantee Commitments.
3. PROCUREMENT STANDARDS
The Grantee agrees to carry out its procurements consistent with the general procurement standards of the
State.The Grantee agrees to follow the general procurement standards set forth in Exhibit E.
4. CONFORMANCE WITH LAW
The Grantee and its agent(s)will adhere to all applicable state and federal laws,Executive Orders and
implementing regulations as they currently exist and may hereafter be amended. Further,the Grantee agrees
to comply with the intent and requirements of the National Environmental Policy Act(NEPA)regardless of
whether or not there is federal funding involved,as is consistent with CDOT's Environmental Stewardship
Guide.
5. NON DISCRIMINATION
The Grantee agrees to comply with and ensure any Subgrantees comply with,the requirements of:
A. The American with Disabilities Act,Title II, and its implementing regulations--28 CFR Part 35, and 49
CFR parts 27,37 and 38; and
B. The Civil Rights Act of 1964,Titles VI and VII,and their implementing regulations.
6. STATE INTEREST This section applies if box checked.�
The Grantee understands and agrees that the State retains a State interest in any real property,or equipment
financed with State assistance(Project property)until,and to the extent that the State relinquishes its State
interest in that Project property,as described in Exhibit A. All State interests in real property or equipment
shall survive termination, expiration or cancellation of this Grant. With respect to any Project property
financed with State assistance under this Grant,the Grantee agrees to comply with the following:
A. Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes
for the duration of the useful life of that property, as required by the State and set forth in the scope,
Should the Grantee unreasonably delay or fail to use Project property during the useful life of that
property, the Grantee agrees that it may be required to return the entire amount of the State assistance
expended on that property. The Grantee further agrees to notify the State immediately when any Project
property is withdrawn from Project use or when any Project property is used in a manner substantially
different from the representations the Grantee has made to CDOT.
B. Maintenance. The Grantee agrees to maintain Project property in good operating order to the State's
satisfaction.
C. Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and
submit to the State upon request such information as may be required to assure compliance with this
Section.
D. Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of
Project property as follows:
i. Written Transactions.The Grantee agrees that it will not execute any transfer of title, lease, lien,
PAS"rERCrant.0l.hd 11—originated from approved OSC Grant template Rev 1/12!11
Exhibit 13-2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 t1A4 48565
pledge, mortgage, encumbrance, third party grant, subgrant, grant anticipation note, alienation,
innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or
any other obligation pertaining to Project property, that in any way would affect the continuing
State interest in that Project property.
ii. Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third
party with respect to Project property.
iii. Other Actions. The Grantee agrees that it will not take ally action adversely affecting the State
interest in or impair the Grantee's continuing control of the use of Project property.
E. Transfer of Project Property,The Grantee understands and agrees as follows:
i. Grantee Request. The Grantee may transfer any Project property financed with State assistance
to another public body or private nonprofit entity to be used for the same purpose set forth
herein with no further obligation to the State Government, provided the transfer is approved by
the State in writing.
ii. State Government Direction. The Grantee agrees that the State may direct the disposition of,
and even require the Grantee to transfer, title to any Project property financed with State
assistance under this Grant if it is found that the Project property is not being used for the
intended purpose as stated in the Scope of Work.
iii. Leasing Project Property to Another Party. If the Grantee leases any Project property to another
party, the Grantee agrees to retain ownership of the leased Project property, and assure that the
lessee will use the Project property appropriately, either through a written lease between the
Grantee and lessee, or another similar document, consistent with the Project purpose set forth
herein. Upon request by the State, the Grantee agrees to provide a copy of any relevant
documents.
F. Disposition of Project Property, The Grantee agrees that the State may establish the useful life of
Project property, and that it will use Project property continuously and appropriately throughout the
useful life of that property.
i, Project Property Prematurely Withdrawn from Use. For Project property withdrawn from
appropriate use before its useful life has expired,the Grantee agrees as follows:
c) Notification Requirement.The Grantee agrees to notify the State immediately when any
Project property is prematurely withdrawn from appropriate use, whether by planned
withdrawal,misuse,or casualty loss.
d) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The
Grantee agrees that the State retains a State interest in the fair market value of Project
property prematurely withdrawn from appropriate use. The amount of the State interest
in the Project property shall be determined by the ratio of the State assistance awarded
for the property to the actual cost of the property. The Grantee agrees that the fair
market value of Project property prematurely withdrawn from use will be calculated as
follows:
(1) Equipment. The Grantee agrees that the fair market value of Project equipment
and supplies shall be calculated by straight-line depreciation of that property,
based on the useful life of the equipment as established or approved by the
State. The fair market value of Project equipment shall be the value
immediately before the occurrence prompting the withdrawal of the equipment
or supplies from appropriate use. hi the case of Project equipment lost or
damaged by fire, casualty, or natural disaster, the fair market value shall be
calculated on the basis of the condition of that equipment or supplies
immediately before the fire, casualty, or natural disaster, irrespective of the
extent of insurance coverage.
PASTRRCrant.01.Ju111—originated from approved 0SC Grant template Rev 1/12/11
Exhibit 13-3
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
(2) Real Property. The Grantee agrees that the fair market value of real property
shall be determined either by competent appraisal based on an appropriate date
approved by the State,or by straight line depreciation,whichever is greater.
(3) Exceptional Circumstances. The Grantee agrees that the State may require the
use of another method to determine the fair market value of Project property. In
unusual circumstances, the Grantee may request that another reasonable
valuation method be used including, but not limited to, accelerated
depreciation, comparable sales, or established market values. in determining
whether to approve such a request, the State may consider any action taken,
omission made, or unfortunate occurrence suffered by the Grantee with respect
to the preservation of Project property withdrawn from appropriate use.
e) Financial Obligations to the State. The Grantee agrees to remit to the State the State
interest in the fair market value of any Project property prematurely withdrawn from
appropriate use. In the case of fire, casualty, or natural disaster, the Grantee may fulfill
its obligations to remit the State interest by either:
(1) Investing an amount equal to the remaining State interest in like-kind property
that is eligible for assistance within the scope of the Project that provided State
assistance for the Project property prematurely withdrawn from use;or
(2) Returning to the State an amount equal to the remaining State interest in the
withdrawn Project property.
G. State Interest-Project. The State shall protect its interest in the equipment being obtained with Grant
Funds,
11. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to
the Project property,the Grantee agrees to:
i. Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project
property taken out of service,or
ii. Return to the State an amount equal to the remaining State interest, based on straight line
depreciation, in the damaged or destroyed Project property.
I. Misused or Damaged Project Property. If any damage to Project property results from abuse or
misuse occurring with the Grantee's knowledge and consent, the Grantee agrees to restore the Project
property to its original condition or refund the value of the State interest, based on straight line
depreciation, in that property, as the State may require.
J. Responsibilities After Project Closeout. The Grantee agrees that Project closeout by the State will
not change the Grantee's Project property management responsibilities as stated in this Section of the
Grant.
7. RAILROADS This section applies if box checked O
In the event the Project involves modification of a railroad company's facilities whereby the Work is to be
accomplished by railroad company forces,the Grantee shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed
with that part of the Work without compliance.The Grantee shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646,subpart B,
concerning State or Federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s)thereof, and
that the costs of the improvement shall be eligible for federal participation.
B. Obtaining the railroad's detailed estimate of the cost of the Work.
PASTRRGrant.0l.Jul l 1—originated from approved OSC Grant template Rev 1/12/I I
Exhibit B•4
CDOT—Division of Transit and Rail
SAP PO#'271001744
CMS# 13 HA4 48565
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
8. UTILITIES,ACCESS,RIGHT OF WAY This section applies if box checked M
A. Utilities. M If necessary,the Grantee will be responsible for obtaining the proper clearance or approval
from any utility company, local, State,or federal government agency,or other entity which may become
involved in this Project. CDOT will reasonably assist Grantee in this regard in all cases in which CDOT
is in a unique position to do so,provided that in no case will CDOT be required to expend State funds to
provide such assistance.Prior to this Project being advertised for bids,the Grantee will certify in writing
to the State that all such clearances have been obtained.
B. Access. M The Grantee shall be responsible for obtaining an access permit from CDOT Region
offices.The Grantee shall be responsible for obtaining a use and occupancy permit from the State. Prior
to this Project being advertised for bids,the Grantee will certify in writing to the State that all such
clearances have been obtained.
C. Right of Way.M The parties acknowledge that the Project is for the mutual benefit of the Grantee and
CDOT,and that it shall be constructed on State right of way. As a result of the Project being constructed
on State right of way,the Grantee shall be responsible for obtaining an approved Interchange Approval
consistent with CDOT Policy Directive 1601.The Grantee shall also be responsible for executing a
grant with CDOT that addresses how construction oversight shall be coordinated and carried out.
If the Project includes right of way, prior to this Project being advertised for bids, the Grantee will
certify in writing to the State that all right of way has been acquired in accordance with the applicable
State and federal regulations,or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes, regulations,CDOT
policies and procedures,49 CFR Part 24,the Uniform Act government-wide regulation-,the FHWA
"Project Development Guide"and CDOT's"Right of Way Operations Manual".
Allocation of responsibilities can be as follows:
• Federal participation in right of way acquisition(3111 charges),relocation(3109 charges) activities,
if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way—
3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no
participation in incidental expenses(3114 charges);or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109
expenses).
Regardless of the option selected above,the State retains oversight responsibilities.The Grantee's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual,
The manual is located at http://www.dot.state.co.us/ROW Manual/.
9.DISADVANTAGE BUSINESS ENTERPRISE("DBE")EFFORTS
The State encourages the Grantee to utilize small businesses owned by minorities,women and
disadvantaged individuals to the greatest extent possible without sacrificing adequate competition.The
FASfERGrant.0 Lint 1 —originated from approved OSC Grant template Rev 1/12/11 Exhibit BS
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS#13 HA4 48565
Grantee is reminded of the illegality of discrimination and of the need to take all necessary and reasonable
steps to ensure non-discrimination in the area of contracting and procurement and to create a level playing
field where small minority,women,and disadvantaged businesses can compete fairly in CDOT assisted
contracts and procurements. This policy specifically upholds the Transportation Commission's commitment
to fair and equitable business practices and is supported by CDOT's small business development programs.
The CDOT Center for Equal Opportunity(EO)can provide lists of qualified DBE/MBE/WBE vendors as
well as other technical assistance. Inquiries can be directed to the Director of Center for Equal Opportunity
or Business Team Supervisor at 303-757-9234.
10. MAINTENANCE OBLIGATIONS This section applies if box checked fl
The Grantee will maintain and operate the improvements constructed under this Grant at its own cost and
expense during their useful life, in a manner reasonably satisfactory to the State.The Grantee will make
proper provisions for such maintenance obligations each year. Such maintenance and operations shall be
conducted in accordance with all applicable statutes, ordinances and regulations which define the Grantee's
obligations to maintain such improvements. The State may make periodic inspections of the Project to
verify that such improvements are being adequately maintained.
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FASTERGrant.01.Jn11 I—originated from approved OSC Grant template Rev 1/12/11 Exhibit 6.6
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 BA4 48565
EXHIBIT C-GRANTEE PAYMENT CHECKLIST
Grantee Payment Checklist 01/19/2011
This checklist is to assist the Grantee in preparation of its billing packets to COOT.This checklist is
provided as guidance and is subject to change by CDOT,COOT shall provide notice of any such changes
to Grantee.All items may not apply to your particular entity. CDOT's goal is to reimburse Grantees as
quickly as possible and a well organized and complete billing packet helps to expedite payment.
> Information to be included on the Invoice front the Grantee:
✓ PO Number
✓ WBS
✓ Section/Program Number
✓ Name
✓ Address
✓ Phone Number
✓ Invoice Number
✓ Billing Period
✓ Total Amount of Grant,Previous Grant Balance,Total Eligible Expenses, Federal Share, Local
Fund,New Grant Balance and Total Amount to be Reimbursed to Grantee
✓ Signature of Grantee Financial Representative
> Copies of invoices front the Grantee Subgrantees (Tier I and some Tier Hs)
✓ Include a copy of the specific document the Subgrantee used to invoice the Grantee. The Grantee is
responsible for ensuring that the backup matches the invoice and is eligible for reimbursement.
✓ The CDOT grant manager will review and determine if the Grantee expenses are eligible for
reimbursement.
✓ If the Grantee pays the Subgrantee a discounted amount,the full amount cannot be reimbursed to
the Grantee.The Grantee will only be reimbursed up to the actual amount paid to the Grantee's
Subgrantee.
✓ Please ensure that all payment vouchers include some notation of when it was paid or approved for
payment.
✓ Invoice(s)should match the check amount. An additional explanation and documentation is required
for any variances.
✓ Estimates, statements and emails are not acceptable in lieu of an invoice copy.
> Copies of checks (All Tiers)
✓ All of the following are acceptable-copies of checks,check registers,approved accounting system
generated expenditure ledgers showing the amount paid,the check number or electronic funds
transfer("EFT")and the date paid.
✓ CDOT needs to ensure that expenditures incurred by the Grantee have been paid by the Grantee
before COOT is invoiced by the Grantee.
➢ Expenditure ledger(All Tiers)
✓ An expenditure ledger needs to be submitted from the Grantee's financial accounting system.The
report should display the accounting system information,date of the report,accounting period,
current period transactions,and the account coding for all incurred expenditures.Excel spreadsheets
FASTERGrvn.01 Jul]I —originated from approved OSC Grant template Rev I/12/l I
Exhibit C-I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
are not approved expenditure reports.However,an additional excel spreadsheet may be required in
order to explain any variances between the expenditure and the amount eligible for reimbursement.
✓ CFR 49 part 18 Section 18.20 Standards for Financial Management Systems, requires theGrantee to
have approved accounting systems so this should not be difficult to generate by cost center specific
to the reimbursable Project.The expenditure report is a good summary page if there is substantial
documentation.
✓ If the Grantee has copies of the invoice(s)and check(s),you do not need the expenditure ledger
also,but the invoices must be marked as approved for payment.
➢ Timesheets(Tier I and some Tier Hs)
✓ Timesheets should show a breakdown of all hours and all Projects worked for the day, week, month
or time collection period.The timesheet must also be signed or approved either in ink or
electronically. If an electronic approval occurs,the supervisors' signature will be required on the
electronic time report submitted for reimbursement.
✓ Backup documentation for payroll expenses includes the timesheet,an hourly or salary rate and a
payroll ledger indicating total hours,wages,and benefits.If there is sensitive information such as
social security numbers or addresses,please block or delete that information prior to submitting it.
> In kind match—If a Grantee wishes to use in-kind match,it must be approved by CDOT prior to any
work taking place. (All Tiers)
✓ If an in kind match is being used for the local funds the in-kind portion of the Project must be
included in the scope of work attached to the Grant or purchase order. FTA does not require pre-
approval of inkind,but FHWA and COOT do.
✓ Documentation such as an invoice copy,time sheet,etc. is still required for all in-kind transactions.
The documentation varies depending or the source of the in-kind.
✓ Expenditure ledger from the Grantee must also show the in kind match in their general ledger.
✓ If the Grantee is using in kind match,they also need to attach a drawdown schedule indicating how
much in-kind match was received,the date they received it,how much has been applied to the
current invoice and how much has been carried forward.The carry forward balance for in-kind
expires when the Grant term expires.
✓ Full documentation will be required on the use of in-kind match,regardless of the Tier held by the
Grantee.
> Indirect costs-If a Grantee wishes to use indirect costs,the rate must be approved by CDOT prior to
applying it to the reimbursements(All Tiers)
If indirect costs are being requested,please submit an approved indirect letter provided by either CDOT or
another State of Colorado agency.The letter must state what indirect costs are allowed,the approved rate
and the time period for the approval.The indirect cost plan must be reconciled annually and an updated
letter submitted each year thereafter.
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FASTF:RGrant.0l.Ju111—originated from approved OSC Grant template Rev VII
Exhibit C-2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
EXHIBIT D—C-49 CFR 18 SUBPART C
This Exhibit D includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws, rules and regulations as they currently exist
and may hereafter be amended.
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a) A State must expend and account for grant funds in accordance with State laws and procedures for
expending and accounting for its own funds. Fiscal control and accounting procedures of the State, as
well as its subgrantees and cost-type contractors, must be sufficient to-
(1)Permit preparation of reports requited by this part and the statutes authorizing the grant,and
(2)Permit the tracing of funds to a level of expenditures adequate to establish that such funds have not
been used in violation of the restrictions and prohibitions of applicable statutes.
(b) The financial management systems of other grantees and subgrantees must meet the following
standards:
(1)Financial reporting. Accurate,current,and complete disclosure of the financial results of financially-
assisted activities must be made in accordance with the financial reporting requirements of the grant or
subgrant.
(2) Accounting records. Grantees and subgrantees must maintain records which adequately identify the
source and application of funds provided for financially assisted activities.These records must contain
information pertaining to grant or subgrant awards and authorizations,obligations,unobligated
balances,assets, liabilities,outlays or expenditures,and income.
(3)Internal control.Effective control and accountability must be maintained for all grant and subgrant
cash,real and personal property,and other assets.Grantees and subgrantees must adequately safeguard
all such property and must assure that it is used solely for authorized purposes.
(4)Budget control. Actual expenditures or outlays must be compared with budgeted amounts for each
grant or subgrant.Financial information must be related to performance or productivity data, including
the development of unit cost information whenever appropriate or specifically required in the grant or
subgrant agreement. If unit cost data are required,estimates based on available documentation will be
accepted whenever possible.
(5)Allowable cost. Applicable OMB cost principles,agency program regulations,and the terms of grant
and subgrant agreements will be followed in determining the reasonableness,allowability,and
allocability of costs.
(6)Source documentation. Accounting records must be supported by such source documentation as
cancelled checks,paid bills, payrolls,time and attendance records,contract and subgrant award
documents,etc.
FASTERGrant.0LJul1 I—originated from approved OSC Grant template Rev (/12/11 Exhibit D-1
CDOT—Division of Transit and Rail
SAP PO It 211001744
CMS# 13 HA4 48565
Sec. 18.22 Allowable costs.
(a)Limitation on use of funds.Grant funds may be used only for:
(I)The allowable costs of the grantees,subgrantees and cost-type contractors, including allowable costs
in the form of payments to fixed-price contractors;and
(2)Reasonable fees or profit to cost-type contractors but not any fee or profit(or other increment above
allowable costs)to the grantee or subgrantee.
(b)Applicable cost principles. For each kind of organization,there is a set of federal principles for determining
allowable costs.Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs.The following chart lists the kinds of organizations and the applicable cost
principles.
For the costs of a Use the principles in--
State, local or Indian tribal government. OMB Circular A-87.
Private nonprofit organization other than an(1)institution of OMB Circular A-122.
higher education, (2)hospital,or(3)organization named in
OMB Circular A122 as not subject to that circular.
Educational institutions. OMB Circular A-21.
For-profit organization other than a hospital and an 48 CFR part 31.Contract Cost Principles and
organization named in OMB Circular A122 as not subject to Procedures,or uniform cost accounting
that circular. standards that comply with cost principles
acceptable to the federal agency.
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FAS'fERGrantALJuI I I—originated from approved OSC Grant template Rev I/12/11
Exhibit D-2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 1-1A4 48565
EXHIBIT E-GENERAL PROCUREMENT STANDARDS
This Exhibit E includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws,rules and regulations as they currently exist
and may hereafter be amended.
General Procurement Standards
1. Maintain a contract administration system which ensures that contractors perform in accordance
with the terms,conditions,and specifications of the contract or purchase order.
2. Maintain a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts.
3. Maintain procedures that provide for the review of proposed procurements to avoid purchase of
unnecessary or duplicative items.
4. Use value engineering clauses in contracts for construction projects of sufficient size to offer
reasonable opportunities for cost reductions.
5. Make awards only to responsible contractors possessing the ability to perform successfully under
the terms and conditions of the proposed procurement. Consideration shall be given to such matters
as contractor integrity,compliance with public policy,record of past performance,and financial and
technical resources.
6. Maintain records sufficient to detail the significant history of the procurement. Including:
a. Rationale for the method of procurement;
b. Selection of contract type;
c. Contractor selection or rejection;
d. Basis for the contract price;and
e. Other.
7. Maintain protest procedures to handle and resolve disputes relating to procurements.
8. All procurement transactions shall be conducted in a manner providing full and open competition.
9. Maintain written selection procedures for procurement transactions.
10. Ensure that all pre-qualified list of persons, firms,or products which are used in acquiring goods
and services are current and include enough qualified sources to ensure maximum open and free
competition.
I I. Method of procurements to be followed:
a. Small Purchase—is a relatively simple and informal procurement method for securing services,
supplies, or other property that do not cost more than$150,000.00.If small purchase procedures
are used,price or rate quotation shall be obtained from at lease three sources.Quotations will be
in writing if for goods in excess of$10,000 and if for services in excess of$25,000.00.
b. Formal Sealed Bids—are publicly solicited and a firm-fixed-prices(lump sum or unit price) is
awarded to the responsible bidder whose bid,conforming with all the material terms and
conditions of the invitation for bids, is the lowest in price.This method is preferred for
procuring construction. If this method is used,the following requirements apply:
i. Must be publicly advertised;
ii. Must give at least 14 days for bidders to respond;
PASTERGrant.01.Jul I I—orignated from approved OSC Grant template Rev 1/12/1 1 Exhibit E-I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
iii. Must include any specifications and pertinent attachments to all bidders to respond
properly;
iv. All bids will be publicly opened at the time and place prescribed in the invitation for
bid;
v. A firm fixed-price contract award will be made in writing to the lowest responsive and
responsible bidder; and
vi. Any or all bids may be rejected if there is a sound documented reason.
c. Competitive Proposals—are generally used when conditions are not appropriate for the use of
sealed bids. If this method is used,the following requirements apply:
i. Request for proposals will be publicized;
ii. Identify all evaluation factors and their relative importance;
iii. Proposals will be solicited from an adequate number of qualified sources;
iv. Have a method for conducting technical evaluation of the proposals received and for
selecting awardees;
v. Awards will be made to the responsible firm whose proposal is most advantageous to
the program,with price and other factors considered; and
vi. May be used for qualifications-based procurement of architectural/engineering
professional services whereby competitors' qualifications are evaluated and the most
qualified competitor is selected.Note—the method,where price is not used as a
selection factor,can only be used in procurement of A/E professional services.It cannot
be used to purchase other types of services through A/E firms. See also Exhibit I for
procurement of A/E professional services.
d. Noncompetitive Proposals- may be used only when the award of a contract is infeasible under
the other three methods and the following circumstances applies:
i. The item is available only from a single source;
ii. The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
iii. The awarding agency authorizes noncompetitive proposals;or
iv. After solicitation of a number of sources,competition is determined inadequate.
l2. Small,Minority and Women owned business enterprise and labor surplus area firms—In accordance
with Exhibit B, Section 9 take affirmative steps to assure that minority and women business
enterprises,and labor surplus area firms are used when possible.
i. Placing qualified firms on solicitation lists;
ii. Assuring that finns are solicited whenever they are potential sources;
iii. Dividing total quantities to permit maximum participation;
iv. Establishing delivery schedules,where the requirement permits,which encourage
participation by S/M/W owned firms;and
v. Using the services of the Small Business Administration, Minority Business
Development Agency of the Department of Commerce,the CDOT EO office or other
agencies that qualify S/M/W owned firms.
13. Bonding requirements—For construction or facility improvement contracts or subcontracts
exceeding$100,000.00.
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FASTEROranr.0I Junl 1—originated from approved OSC Grant template Rev 1/12/11 Exhibit E-2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS It 13 HA4 48565
EXHIBIT F-STATE AND GRANTEE COMMITMENTS
A. Design This section applies if box checked
I. Work including preliminary design or final design (the "Construction Plans"), design work sheets,
or special provisions and estimates(collectively referred to as the"Plans"), requires that the Grantee
comply with the following requirements,as applicable:
a. perform or provide the Plans,to the extent required by the nature of the Work;
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of
the American Association of State Highway Transportation Officials (AASHTO) manual or
other standard,such as the Uniform Building Code,as approved by CDOT;
c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Construction or Grantee
specifications if approved by CDOT;
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction Work and to protect the traveling public;
e. stamp the Plans produced by a Colorado Registered Professional Engineer;
f. provide final assembly of Plans and Grant documents;
g. be responsible for the Plans being accurate and complete;and
h. make no further changes in the Plans following the award of the construction contract except in
writing approved by all the Parties. The Plans shall be considered final when approved and
accepted by the Parties hereto,and when final they shall be deemed incorporated herein.
2. Grantee:
a. shall comply with the requirements of the Americans With Disabilities Act(ADA),and
applicable federal regulations and standards as contained in the document"ADA Accessibility
Requirements in CDOT Transportation Projects";
b. (If applicable)shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
e. may enter into a contract with a Subgrantee to do all or any portion of the Plans and/or of
construction administration. Provided,however,that if State funds are involved in the cost of
such work to be done by a Subgrantee,that Subgrantee subgrant(and the performance/provision
of the Plans under the subgrant)must comply with all applicable requirements of 23 CFR Part
172 and with any procedures implementing those requirements as provided by the State,
including those in this Grant.If the Grantee does enter into a subgrant with a Subgrantee for the
Work:
(1) Grantee shall submit a certification that procurement of any design Subgrantee subgrant
complied with the requirements of 23 CFR 172.5(1) prior to entering into subgrant. The
State shall either approve or deny such procurement. If denied, the Grantee may not enter
into the subgrant.
(2) Grantee shall ensure that all changes in the Subgrantee subgrant have prior approval by the
State. Such changes in the subgrant shall be by written supplement grant. As soon as the
subgrant with the Subgrantee has been awarded by the Grantee, one copy of the executed
subgrant shall be submitted to the State. Any amendments to such subgrant shall also be
submitted.
(3) it shall require that all Subgrantee billings under that subgrant shall comply with the State's
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
FASTERGrant.0l.Jull 1—orignated from approved OSC Grant template Rev 1/12/11 Exhibit F-I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
(4) it (or its Subgrantee) shall use the CDOT procedures described to administer that design
Subgrantee subgrant,to comply with 23 CFR 172.5(b)and (d).
(5) it may expedite any CDOT approval of its procurement process and/or Subgrantee subgrant
by submitting a letter to CDOT from the certifying Grantee's attorney/authorized
representative certifying compliance with 23 CFR 172.5(b)and(d).
(6) it shall ensure that its Subgrantee subgrant complies with the requirements of 49 CFR
18.360)and contains the following language verbatim:
(a) "The design work under this Grant shall be compatible with the requirements of the
Grant between the Grantee and the State (which is incorporated herein by this
reference)for the design/construction of the Project.The State is an intended third party
beneficiary of this subgrant for that purpose."
(b) "Upon advertisement of the Project work for construction, the Subgrantee shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the Project."
(c) "The Subgrantee shall review the construction Subgrantee's shop drawings for
conformance with the subgrant documents and compliance with the provisions of the
State's publication, Standard Specifications for Road and Bridge Construction, in
connection with this work."
d. The State, in its discretion,will review construction plans, special provisions and estimates and
will cause the Grantee to make changes therein that the State determines are necessary to ensure
compliance with State and federal requirements.
B. Construction This section applies if box checked
1. Work including construction requires that,the Grantee perform the construction and construction
administration in accordance with the approved Plans and CDOT oversight. Such administration
shall include Project inspection and testing;approving sources of materials;performing required
plant and shop inspections;documentation of grant payments,testing and inspection activities;
preparing and approving pay estimates;preparing,approving and securing the funding for Grant
modification orders and minor subgrant revisions;processing Subgrantee claims;construction
supervision;and meeting the Quality Control requirements of CDOT which can be found in the
FHWA and CDOT Stewardship agreement located at:
http://www.c o load o d ot.i nfo/bu si ness/permits/accesspertnits/references/stewardsh ip-agreement.pdf.
2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice
thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
3. Grantee:
a. shall appoint a qualified professional engineer, licensed in the State of Colorado,as the Grantee
Project Engineer ("LAPP"), to perform that administration. The LAW shall administer the
Project in accordance with this Grant, the requirements of the construction subgrant and
applicable State procedures.
b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon
approval by the State and award the construction subgrant(s) to the low responsible bidder(s)
upon approval by the State.
FASTERGrant.0t.Jul1 I—originated from approved OSC Grant template Rev 1/12/11 Exhibit F-2
CD0T—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
(1) In advertising and awarding the bid for the construction, the Grantee shall comply with
applicable requirements of 23 USC §112, 23 CFR Parts 633 and 635, and CRS §24-92-101
et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall
comply with terms and conditions as required by 23 CFR§633.102(e).
(2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for
work on which competitive bids have been received. The Grantee must declare the
acceptance or rejection within 3 working days after said bids are publicly opened.
(3) By indicating its concurrence in such award, the Grantee, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability
and appropriation for that pupose, if required to complete the Work under this Project if no
additional State funds will be made available for the Project. This paragraph also applies to
Projects advertised and awarded by the State.
c. [f all or part of the construction Work is to be accomplished by Grantee personnel (i.e. by force
account), rather than by a competitive bidding process, the Grantee will ensure that all such
force account work is accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR Part 635, Subpart B, Force Account Construction.
(1) Such Work will normally be based upon estimated quantities and firm unit prices agreed to
between the Grantee, the State and FHWA (if needed) in advance of the Work,as provided
for in 23 CFR §635.204(c). Such agreed unit prices shall constitute a commitment as to the
value of the Work to be performed.
(2) An alternative to the above is that the Grantee may agree to participate in the Work based
on actual costs of labor, equipment rental, materials supplies and supervision necessary to
complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated
for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the
State's Standard Specifications for Road and Bridge Construction§109.04.
(4) All force account work shall have prior approval of the State and/or FHWA (if needed) and
shall not be initiated until the State has issued a written notice to proceed.
C. State's Obligations
1. The State will perform a final Project inspection prior to Project acceptance as a "Quality
Control/Assurance" activity. When all Work has bcen satisfactorily completed, the State will sign
the CDOT Form 1212(for FHWA), if applicable.
2. Notwithstanding any consents or approvals given by the State for the Plans,the State will not be
liable or responsible in any manner for the structural design,details or construction of any major
structures that are designed by or are the responsibility of the Grantee within the Work of this Grant.
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FASPERGraut.0[.Jul[1—orignated from approved OSC Grant template Rev 1/12111 Exhibit F-3
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
EXHIBIT G-OPTION LETTER
NOTE: This option is limited to the specific scenarios listed below AND cannot be used in place of exercising a
formal am endnent.
SAP PO# Original CMS Option Letter No. CMS#
Contractor/Grantee :
A.SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew(for an additional term); this renewal cannot be used to make any change to the
original scope of work;and
2. Option to initiate next phase to include Design,Construction,Environmental, Utilities,ROW ONLY
(does not apply to Acquisition/Relocation or Railroads);
B.REQUIRED PROVISIONS.All Option Letters shall contain the appropriate provisions set forth below:
(Insert the following language for use with Option#1): In accordance with Paragraph(s) of grant
routing number(insert FY,Agency code, & CLIN routing ft),between the State of Colorado, Department of
Transportation, and (insert Grantees name)the State hereby exercises the option for an additional term of(insert
performance period here) at a cost/price specified in Paragraph/Section/Provision of the
original grant,AND/OR an increase in the amount of goods/services at the same rate(s)as specified in
Paragraph of the original grant.
(Insert the following language for use with Option#2): In accordance with the terms of the original grant
(insert FY,Agency code&CLIN routing#)between the State of Colorado,Department of Transportation and
(insert Grantee's name here), the State hereby exercises the option to initiate the phase in (indicate Fiscal Year
here)that will include(describe which phase will be added and include all that apply—Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous). Total funds for this Grant remain the same
(indicate total dollars here)as referenced in Paragraph/Section/Provision/Exhibit of the
original grant.
(The following language must be included on all options): The amount of the current Fiscal Year grant value
is(increased/decreasecT)by($amount of change)to a new Grant value of($ )
to satisfy
services/goods ordered under the grant for the current fiscal year(indicate Fiscal Year).). The first sentence in
Paragraph/Section/Provision is hereby modified accordingly. The total grant value to include all
previous amendments,option letters,etc. is($ ).The effective date of this Option Letter is upon
approval of the State Controller or delegate,whichever is later.
State of Colorado:
John W. Hickenlooper,Governor
By: Date:
Executive Director,Colorado Department of Transportation
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State grants.This Option Letter is not valid until signed and dated
below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins
performing prior thereto,the State of Colorado is
not obligated
to
hereunder.
a tee for such performance or for any goods and/or
services provided
B.STATE CONTROLLER
David J.McDermott,CPA
By:
Controller-Colorado Department of Transportation
Date:
PASTERGrmrt.01.Ju11I —originated from approved OSC Grant template Rev I/12/11
Exhibit CI-1
CDOT—Division of Transit and Rail
SAP PO If 271001744
CMS# 13 HA4 48565
EXHIBIT H-SECURITY AGREEMENT
This Security Agreement is made by and between the State of Colorado for the use and benefit of THE
COLORADO DEPARTMENT OF TRANSPORTATION,DIVISION OF TRANSIT AND RAIL,
("State")and ,("Grantee").
A. Purpose.This Security Agreement is made for the purpose of securing the State interest in transit
vehicles or other project equipment("Project Equipment")purchased with State grant funds awarded to
the Grantee pursuant to the Grant Agreement between the State and Grantee dated this day of
,20 and identified as contract# ("Grant").
The security interest granted to the State herein is to ensure that the State may access,protect and,if
necessary,dispose of the federal interest in each item of Project Equipment and to ensure the proper use
of the Project Equipment.The Grantee shall have no right in the State interest in such Project Equipment.
B. Project Equipment.Not later than three days after the purchase and acceptance of Project Equipment,
the Grantee shall complete and return to the State a"Certificate of Procurement and Acceptance"form,
which then becomes Addendum Ito this Security Agreement. In the case of vehicle procurement,this
certificate must indicate the year,make,model,VIN,and any other information needed to register the
vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Grant,the Grantee
hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I
and/or described below as follows:
MAKE/MODEL/VIN or description of equipment:
This security interest shall apply to the Project Equipment acquired pursuant to the Grant whether
purchased before or after the date this Security Agreement is executed.The Grantee hereby authorizes the
State to describe in the space above the Project Equipment subject to this Security Agreement.
D. Lien.The State may place a lien on the title of each Project Equipment vehicle based upon this
Security Agreement,The State shall retain physical possession of the titles of such Project Equipment
vehicles and the Grantee agrees that the State shall be considered"in possession"of such vehicles for the
purpose of any document required by State law to repossess such vehicles if necessary.
E.Disposition of Equipment. In addition to the security interest granted herein,the Grantee agrees to and
acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to
take possession of any of the Project Equipment,if the Grantee fails to satisfactorily perform the Project
services as detailed in the Grant,or if the State determines for any other reason,including but not limited
to termination of the Grant,that the disposition of the State interest in such Project Equipment is in the
best interest of the State.The Grantee agrees that it will in no way oppose the State's exercise of such
right and that it will assist the State to obtain possession and to remove such vehicles.
F. Assignment.The Grantee agrees not to assert against any assignee of the State any defenses or claims
the Grantee may have against the State.
FAS"I'ERGrant.01.Ju11 t—originated from approved OSC Grant template Rev I/12/11
Exhibit 11-I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
Grantee hereby executes this Security Agreement as of the date below:
ATTEST: FOR THE GRANTEE By:
Print Name:
Date: Title:
PASTERGrant.01.,tull l —originated from approved OSC Grant template Rev 1112/11 Exhibit H-2
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
EXHIBIT I- STATE or FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL
SUBGRANTEE SERVICES
The Grantee shall use these procedures to implement State or Federal-aid project agreements with
professional Subgrantee services including,but not limited to engineering, design,or architectural
services.
23 CFR Partl72 applies to a federally funded Grantee project agreement administered by CDOT that
involves professionalSubgrantee services.23 CFR§172.1 states"The policies and procedures involve
federally funded grants for engineering and design related services for projects subject to the provisions
of 23 USC§112(a)and are issued to ensure that a qualified Subgrantee is obtained through an equitable
selection process,that prescribed work is properly accomplished in a timely manner,and at fair and
reasonable cost"and according to 23 CFR§I72.5"Price shall not be used as a factor in the analysis and
selection phase."Therefore,local agencies must comply with these CFR requirements when obtaining
professional Subgrantee services under a federally funded Subgrantee subgrant administered by CDOT.
CDOT has formulated its procedures in Procedural Directive(PD.)400.1 and the related operations
guidebook titled"Obtaining Professional Subgrantee Services".This directive and guidebook incorporate
requirements from both Federal and State regulations,i.e.,23 CFR Part172 and Colorado Revised Statute
CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from
CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written
procedures on file for each method of procurement that addresses the items in 23 CFR Part 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite
lengthy,the subsequent steps serve as a short-hand guide to CDOT procedures that a Grantee must follow
in obtaining professional Subgrantee services.This guidance follows the format of 23 CFR Part 172.The
steps are:
I. The contracting Grantee shall document the need for obtaining professional services.
2. Prior to solicitation for Subgrantee services,the contracting Grantee shall develop a detailed
scope of work and a list of evaluation factors and their relative importance.The evaluation factors
are those identified in CRS §24-30-1403.Also, a detailed cost estimate should be prepared for
use during negotiations.
3. The contracting agency must advertise for grants in conformity with the requirements of CRS
§24-30-1405.The public notice period,when such notice is required, is a minimum of 15 days
prior to the selection of the three most qualified firms and the advertising should be done in one
or more daily newspapers of general circulation.
4. The request for Subgrantee services should include the scope of work,the evaluation factors and
their relative importance,the method of payment, and the goal of ten percent(10%)for
Disadvantaged Business Enterprise(DBE)participation as a minimum for the project.
5. The analysis and selection of the Subgrantee should be done in accordance with CRS §24-30-
1403.This section of the regulation identifies the criteria to be used in the evaluation of CDOT
pre-qualified prime Subgrantee and their team. It also shows which criteria are used to short-list
and to make a final selection.
FASTERGrant.01 hill 1—originated from approved OSC Grant template Rev 1/12/11 Exhibit 1-I
CDOT—Division of Transit and Rail
SAP PO#271001744
CMS# 13 HA4 48565
The short-list is based on the following evaluation factors:
a.Qualifications,
b.Approach to the project,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e.Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the Subgrantee's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f.Volume of previously awarded contracts,and
g. Involvement of minority Subgrantees.
6. Once a Subgrantee is selected,the Grantee enters into negotiations with the Subgrantee to obtain
a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for grants
expected to be greater than$50,000. Federal reimbursement for costs are limited to those costs
allowable under the cost principles of 48 CFR Part 31. Fixed fees(profit)are determined with
consideration given to size,complexity, duration,and degree of risk involved in the work. Profit
is in the range of six(6)to fifteen(15) percent of the total direct and indirect costs.
7. A qualified Grantee employee shall be responsible and in charge of the project to ensure that the
work being pursued is complete,accurate,and consistent with the terms,conditions, and
specifications of the Grant.At the end of project,the Grantee prepares a performance evaluation
(a CDOT form is available)on the Subgrantee.
8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR
§18.42,which provide for records to be kept at least three(3)years from the date that the Grantee
submits its final expenditure report.Records of projects under litigation shall be kept at least three
(3)years after the case has been settled.
The CRS §§24-30-1401 through 1408,23 CFR Part 172,and P.D. 400.1,provide additional details for
complying with the eight(8)steps just discussed.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrant.0 l.Jn1 I I —originated front approved OSC Grant template Rev I/12/I I Exhibit 1-2
EXHIBIT J
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party
assigned for each task.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (CDOT) Project
Manager, Local Agency project manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement
without this completed checklist. It will be reviewed at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks.
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
FSA 052A-038
SR46606.052 17597 104
Project Location Date
Town of Hudson 8/20/2012
Project Description
SH52/CR 12.5 Intersection
Local Agency Local Agency Project Manager
Town of Hudson Joe Racine
COOT Resident Engineer CDOT Project Manager
Louis Keen Gloria Hice-Idler
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters
of the COOT Local Agency ManuaL
The checklist shall be prepared by placing an"X"under the responsible party,opposite each of the tasks.The"X"denotes the
party responsible for Initiating and executing the task.Only one responsible party should be selected.When neither COOT nor
the Local Agency is responsible for a task,not applicable(NA)shall be noted.In addition,a'U"will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated.The Regions,in accordance with established policies and
procedures,will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager,in cooperation with the Local
Agency Project Manager,and submitted to the Region Program Engineer. If contract administration responsibilities change,the
CDOT Resident Engineer,in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist.
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
TIP /STIP AND LONG-RANGE PLANS
2-1 I Review Project to ensure consistency with STIP and amendments thereto I I X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
41 Authorize funding by phases(COOT Form 418-Federal-aid Program Data.Requires FHWA X
concurrence/involvement)
PROJECT DEVELOPMENT
5-1 Prepare Design Data-CDOT Form 463 N/A X
5-2 Prepare Local Agency/COOT Inter-Governmental Agreement(see also Chapter 3) NIA X
5-3 Conduct Consultant Selection/Execute Consultant Agreement N/A #
5-4 Conduct Design Scoping Review meeting NIA
5-5 Conduct Public Involvement WA
5-6 Conduct Field Inspection Review(FIR) NIA X
5-7 _Conduct Environmental Processes(may require FHWA concurrence/involvement) N/A X
5-8 Acquire Right-of-Way(may require FHWA concurrence/involvement) N/A #
5-9 Obtain Utility and Railroad Agreements N/A
5-10 Conduct Final Office Review(FOR) N/A X
5-11 Justify Force Account Work by the Local Agency NIA #
5-12 Justify Proprietary,Sole Source,or Local Agency Furnished items NIA #
5-13 Document Design Exceptions-COOT Form 464 N/A If
5-14 Prepare Plans,Specifications and Construction Cost Estimates NIA #
5-15 Ensure Authorization of Funds for Construction X
COOT Form 1243 09/06 Page 1 of 4
Previous editions ere obsolete and may not be used
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X
Construction Contracts(COOT Region EEO/CivII Rights Specialist)
6.2 Determine Applicability of Davis-Bacon Act
This project®is O is not exempt from Davis-Bacon requirements as determined by the X
functional classification of the project location(Projects located on local roads and rural
minor collectors may be exempt.)
Louis Keen 2/4/2010
CDOT Resident Engineer(Signature on File) Date
6-3 Set On-the-Job Training Goals.Goal is zero if total construction is less than$1 million(COOT X
Rice ion EEO/Civil Rights Specieli)
6-4 Title VI Assurances N/A
Ensure the correct Federal Wage Decision,all required Disadvantaged Business N/A
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the X
'4.t Contract(COOT Resident Engineer)
ADVERTISE, BID AND AWARD
7-1 Obtain Approval for Advertisement Period of Less Than Three Weeks N/A #
7-2 Advertise for Bids NIA
7-3 Distribute°Advertisement Set"of Plans and Specifications N/A
7-4 Review Worksite and Plan Details with Prospective Bidders While Project is Under N/A
Advertisement
7-5 Open Bids NIA
7-6 , Process Bids for Compliance
Check COOT Form 715-Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals X
Evaluate COOT Form 718-Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet X
DBE goals
;.. .:._.,.._: Submit required documentation for COOT award concurrence NIA
7-7 Concurrence from COOT to Award NIA X
7-8 , Approve Rejection of Low Bidder N/A X I
7-9 Award Contract 1 NIA
7-10 Provide"Award'and"Record"Sets of Plans and Specifications NIA -
CONSTRUCTION MANAGEMENT
8-1 Issue Notice to Proceed to the Contractor N/A
8-2 Project Safety I NIA I #
8-3 Conduct Conferences:
yu" '` Pre-construction Conference(Appendix B) NIA
Presurvey NIA
• Construction staking
- :;_ • Monumentation
=�-`` -==� Partnering(Optional) N/A
W? Structural Concrete Pre-Pour(Agenda is In COOT Construction Manual) N/A
MAUI. Concrete Pavement Pre-Paving(Agenda is in COOT Construction Manual) N/A
''�; HMA Pre-Paving(Agenda is in COOT Construction Manual) NIA
8-4 Develop and distribute Public Notice of Planned Construction to media and local residents N/A
8-5 Supervise Construction
- ='- - A Professional Engineer(PE) registered in Colorado,who will be"in responsible charge of N/A
7•1:-7•1:MIA construction supervision.'
__- Louis Keen 970-506-4954
_ -_ --;; Local Agency Professional Engineer or Phone number
'_�≥ COOT Resident Engineer - -
COOT Form 1243 09/06 Page 2 of 4
Previous editions are obsolete and may not be used
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
=--_-= Provide competent,experienced staff who will ensure the Contract work is constructed in N/A
__= = accordance with the plans and specifications
Construction inspection and documentation NIA
8-6 Approve Shop Drawings NIA _ —
8-7 Perform Traffic Control Inspections N/A X
8-8 Perform Construction Surveying N/A
8-9 Monument Right-of-Way N/A
8-10 Prepare and Approve Interim and Final Contractor Pay Estimates N/A
Provide the name and phone number of the person authorized for this task.
Joe Racine 303-536-9311
Local Agency Representative Phone number
8-11 Prepare and Approve Interim and Final Utility/Railroad Billings NIA
8-12 Prepare Local Agency Reimbursement Requests N/A
8-13 Prepare and Authorize Change Orders NIA
8-14 Approve All Change Orders X
8-15 Monitor Project Financial Status NIA
8-16 Prepare and Submit Monthly Progress Reports N/A X
8-17 Resolve Contractor Claims and Disputes - N/A
8-18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task. X
Louis Keen 970-506-4954
CDOT Resident Engineer Phone number
MATERIALS
9-1 Conduct Materials Preconstrucllon Meeting N/A
9-2 Complete COOT Form 250-Materials Documentation Record N/A
• Generate form,which includes determining the minimum number of required tests and X
applicable material submittals for all materials placed on the project
• Update the form as work progresses
• Complete and distribute form after work is completed
9-3 Perform Project Acceptance Samples and Tests N/A
9-4 Perform Laboratory Verification Tests NIA
9-5 Accept Manufactured Products NIA
Inspection of structural components:
• Fabrication of structural steel and pre-stressed concrete structural components
• Bridge modular expansion devices(0"to 6"or greater)
• Fabrication of bearing devices
9-6 Approve Sources of Materials NIA
9-7 Independent Assurance Testing (IAT), Local Agency Procedures O COOT Procedures❑ NIA
• Generate IAT schedule X
• Schedule and provide notification
• Conduct IAT -
9-8 Approve Mix Designs N/A
• Concrete
• Hot Mix Asphalt
9-9 Check Final Materials Documentation N/A
9-10 Complete and Distribute Final Materials Documentation N/A
CDOT Form 1243 09/06 Page 3 of 4
Previous editions are obsolete and may not be used
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill Project Bulletin Board and Pre-construction Packet Requirements N/A
10-2 Process CDOT Form 205-Sublet Permit Application N/A
Review and sign completed CDOT Form 205 for each subcontractor, and submit to X
EEO/Civil Rights Specialist
10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee N/A
Interviews. Complete CDOT Form 280 _
10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the N/A
°Commercially Useful Function"requirements
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200- N/A
OJT Training Questionnaire
10-6 Check Certified Payrolls(Contact the Region EEO/Civil Rights Specialists for training requirements.) NIA
10-7 Submit FHWA Form 1391 -Highway Construction Contractor's Annual EEO Report NIA
FINALS
11-1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212-Final X
Acceptance Report(Resident Engineer with mandatory Local Agency participation.)
11-2 Write Final Project Acceptance Letter NIA
11-3 Advertise for Final Settlement NIA
11-4 Prepare and Distribute Final As-Constructed Plans _ N/A
11-5 Prepare EEO Certification
11-6 Check Final Quantities,Plans and Pay Estimate; Check Project Documentation; and submit N/A
Final Certifications
11-7 Check Material Documentation and Accept Final Material Certification(See Chapter 9) N/A
11-8 Obtain CDOT Form 17-Contractor DBE Payment Certification from the Contactor and N/A
submit to the Resident Engineer
11-9 Obtain FHWA Form 47-Statement of Materials and Labor Used ... from the Contractor NA
11-10 Process Final Payment N/A
11-11 Complete and Submit CDOT Form 950- Project Closure X
11-12 Retain Project Records for Six Years from Date of Project Closure NIA X
11-13 Retain Final Version of Local Agency Contract Administration Checklist NIA X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
CDOT Form 1243 09/06 Page 4 of 4
Previous editions are obsolete and may not be used
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