HomeMy WebLinkAbout901228.tiff s,‘v rrmoRAn®un
IIIIIDe Gene R. Brantner, Chairman
ToBoarn of c'onn�____+y_LDmmiCSinnars Date nacamhar 5. 1990
COLORADO From Walter J. Speckman, Executive Director, Human Resources �//4?
subject, Colorado Department of Highways, Transportation Agreement
Enclosed for Board approval is the State Department of Highways, Division of
Transportation Development Section 18 Agreement with the Weld County Division
of Human Resources.
A total of $16,816.00 in Section 18 monies funded under the Urban Mass
Transportation Act of 1964 has been awarded to Weld County to expand
transportation services in rural Weld County.
Under the Scope of Work, the Mini-Bus Transportation Program will provide
services to the general public with an emphasis on elderly, disabled, and low
income persons in the rural areas of Weld County.
Specific routes to be provided include service to Grover, Fort Lupton,
Tritown, Erie, Keenesburg, Hudson, Nunn, Pierce. Ault and Eaton. Routes will
be grouped by service area into one or two day per week service schedules.
Please telephone Linda Piper at 353-3816, extension 3'320, if you have further
questions.
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AGREEMENT
THIS AGREEMENT, made this day of , 19�, by
and between the STATE OF COIARADO for the use and benefit of the STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF TRANSPORTATION DEVELOPMENT,
hereinafter referred to as the State, and Weld County , hereinafter
referred to as the Grantee.
WHEREAS, authority exists in the Law, and funds have been budgeted,
appropriated and otherwise made available, and a sufficient unencumbered
balance thereof remains available for payment in Fund No. 2001, G/L
Account No. 52046, SUbaccount No. 99016 , Function Numbers) 1516 C and
1517 C : and
WHEREAS, required approval, clearance, and coordination has 1.1flP.n
accomplished from and with appropriate agencies; and
WHEREAS, Section 18, of the Urban Mass Transportation Act of 1964,
(49 USC 614) , as amended, hereinafter referred to as the Act, institutes a
program offering federal assistance for public transportation in rural and
small urban areas by way of a formula grant program administered by the
State; and
WHEREAS, the Grantee has proposed a project in the form of an
application for funding under SeeLion 18 of the Act, hereinafter referred
to as the "Project"; and
SAS, Sections 43-1-701 and 702, C.R.S. 1973 authorize the State
Department of Highways to take all steps and adopt all procedures
necessary to make and enter into such contracts as may be necessary for
state application and administration of Section 18 of the Act, including
participation in grant programs for the purpose of assisting
transportation services; and
WHEREAS, the Governor of the State of Colorado, in accordance with a
request by the Urban Mass Transportation Administration, hereinafter
referred to as UMTA, has designated the State to manage the Section 18
program, including the responsibility to evaluate and select public
transportation projects proposed by State agencies, local public kindles
and agencies thereof (including Indian Tril»e) , and nonprofit operators of
public transportation services in areas other than urbanized; and
WHEREAS, the Grantee desires to and has the legal capacity and
authority to contract with the State; and
WHEREAS, the Grantee pmgesses the necessary fiscal and managerial
capability to implement and manage the project and utilize grant funds for
public transportation in nonurbanized areas of the State;
NOW, THEREFORE, it is hereby agreed that:
stier1ON 1. Purpose of Agreement. The purpose of this Agreement is to
state the terms, conditions, and mutual understandings of the parties as
to the manner in which the Project will be undertaken and completed. The
terms and conditions of the Project and the Act are incorporated herein by
reference to the extent consistent herewith.
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SECTION 2. General Reouirements. The Grantee shall commence, carry out,
and complete the Project with all practicable dispatch, in a sound,
economical, and efficient manner, in accordance with the terms and conditions
of this Agreement, the terms and conditions of Exhibit A, "Scope of Work and
Conditions" and Exhibit B, "Audit Requirements", incorporated herein by this
reference, and all applicable laws, regulations, and published policies. In
general, the terms of the Department of Transportation regulations, "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," 49 C.F.R. Part 18, are applicable to Projects with
governmental hndies. The terms of Office and Management Budget (OMB) Circular
A-110, Revised, "Uniform Administrative Requirements for Grants and Agreements
with institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations," are generally applicable to Projects with nongovernmental
bodies. When OMB Circular A-110 is merged with 49 C.F.R. Part 18, the terms of
the new regulation will be applicable as set forth in its provisions, subject
to modifications by UM A.
SECTION 3. Period of Performance. This Agreement shall commence on the
date all rewired signatures are affixed hereto, including that of the State
Controller, as reflected by the date to be inserted by the State on the first
page of this Agreement, and shall terminate as outlined in Sections 8 and 14 of
this Agreement, and as further described in Exhibit A.
SECTION 4. Project Budget. The Project budget shall be as set forth in
Exhibit A.
SECTION 5. Allowable Costs. Expenditures made by the Grantee will be
reimbursable as allowable casts provided the Grantee documents they meet all of
the requirements set forth below. To be allowable, all costs must:
A. Be incurred in conformance with the Scope of Work and Conditions and
all other provisions of this Agreement;
B. Be necessary in order to accomplish the Project;
C. Be reasonable in amount for the gnnac or services purchased;
D. Be actual net costs 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, excluding
Program Income as defined in 49 CFR Part 18 or OMB Circular A-110) ;
E. Be incurred for work perforiR31 after the effective date of this
Agreement;
F. Unless permitted otherwise by federal statute or regulation, be in
conformance with the standards for allowability of costs set forth in
OMB Circular A-87, Revised, and with any guidelines or regulations
issued by UM TA or the State; in the rage of Projects with educational
institutions, the standards for allowability of costs set forth in OMB
Circular A-21, Revised, rather than the standards of OMB Circular A-87,
Revised, shall apply; in the rase of nonprofit organizations, the
standards for allowability of costs set forth in OMB Circular A-122,
Revised, rather than the standards of OMB Circular A-87, Revised, shall
apply; the above circulars are incoipuuated herein by reference;
G. Be satisfactorily documented; and
H. Be treated uniformly and consistently under accounting principles and
procedures approved and prescribed by UMTA or the State for the
Grantee, and those approved or prescribed by the Grantee for its
contractors.
SECTION 6. Accounting Records.
A. Project Accounts. The Grantee shall establish and maintain as a
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separate set of accounts, or as a separate and integral part of its
c2rent accounting scheme, accounts for the Project to assure that
Project finds are expended and accounted for in a manner consistent
with this Agreement and Project objectives.
B. Funds Received or Made Available for the Pro-lett. The Grantee shall
appropriately record in the Project account, and deposit in a bank or
trust cappany, all grant payments received by it from the State
pursuant to this Agreement and all matching furls required of the
Grantee, and all other funds provided for, accruing to, or otherwise
received on account of the Project, which State payments and other
finds are herein collectively referred to as "Project finds." The
Grantee is encouraged to use banks that are owned at least 50 percent
by minority group members.
C. Documentation of Prolect Costs. All allowable costs Oharged to the
project, including any approved services contributed by the Grantee or
others, shall be supported by properly executed payrolls, time records,
invoices, contracts, or vouchers evidencing in detail the nature of the
charges.
D. Checks, Orders, and Vouchers. Any check or order drawn up by the
Grantee with respect to any item which is or will be changeable against
the Project account shall be drawn 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, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be
clearly identified, readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
SECTION 7. Purchase of Project Equipment. Project equipment includes any
equipment item with a unit cost of $500 or more and a useful life exceeding one
year. The purchase of all Project equipment financed in whole or in part
pursuant to this Agreement shall be undertaken by the State or the Grantee in
accordance with Colorado Department of Highways guidelines as stated in
"Purchasing Procedures for UMTA Grant Recipients", applicable State law, and
the standards set forth in 49 C.F.R. Part 18 or OMB Circular A-110,
Attachment O, as may be applicable, and with any supplementary directives or
regulations including UMTA Circular 4220.18, and any revisions thereof, as may
be applicable. The Grantee shall use Project funds for capital equipment only
as described in the Scope of Work and Special Conditions.
sEcia0N 8. Use of Project Equipment. The Project equipment shall be used
for the purpose of transporting the general public in rural and small urbanized
areas of the state as desnribed in the Grantee's application for as long as
needed. When the equipment is no longer needed for such services, the Grantee
shall promptly notify the State, which will provide instructions for the
disposition of such Project equipment in accordance with 49 C.F.R. Part 18.
Notwithstanding any prior termination of this Agreement under Section 14, UMTA
Shall retain interest in the federal share of the Project as long as the
equipment has a fair market value exceeding $5,000, as determined by the
State. The State must be reimbursed the federal share of the fair market value
of the equipment if a federal interest exists in the equipment at the time of
disposal, unless UMMA has issued instructions or approvals to the contrary.
SECTION 9. Title to Proiect Equipment. Title to Project equipment shall
be in the Grantee's name and shall be subject to the restrictions on use and
disposition of the Project equipment set forth herein.
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SEcr1ON 10. Maintenance of Proiect Equipment. The Grantee shall be
responsible for the continued maintenance and repair of the Project equipmment
following manufacturers' minimim, sped.ifications as long as the equipment has a
federal interest or until final disposition of the equipment. The Grantee
agrees to maintain the Project equipment in good operating order, and in
accordance with any guidelines, directives, or regulations that UMTA or the
State may issue.
SECTION 11. Insurance.
A. The Grantee shall carry the following minimum amounts of insurance:
(1) Worker's Compensation in statutory limits.
(2) Comprehensive General and Automobile Liability Policy for amounts
not less than: Wilily Injury, $400,000 each occurrence; Property
Damage, $400,000 each occurrence; or $500,000 combined single
limit.
B. Said insurance shall be maintained in full force and effect during the
term of this contract and shall protect the Grantee, its employees,
agents, and representatives from claims for damages for personal injury
and wrongful death and for damages to property arising from the
negligent or wrongful acts or omissions of the Grantee, its employees,
SubcoIlLLactors, agents, or representatives, in the performance of the
Project.
D. Certificates Showing the Grantee is carrying the above decrribed
insurance shall be submitted annually to the State within 30 days of
the issuance of each insurance policy.
E. The State shall be named as loss payee on the policies for egquipment
purchased with Project funds; evidence of such shall be submitted to
the State annually.
SECTION 12. Reporting. During the term of this Project, except as
provided in (E) below, the Grantee shall submit requests for reimbursements to
the State quarterly or monthly in accordance with the requirements of this
Section.
A. Reports shall be submitted on forms provided to the Grantee by the
State.
B. Reports shall be fully completed and include at least the following
elements:
1. Eligible Project costs indicating the line items that correspond to
the budget for this Project.
2. Operating and financial data.
3. An annual certification of Project equipment if capital equipment
was purchased as part of this Agreement.
C. Requests for reimbursement for Project costs will be paid to the
Grantee upon presentation of invoice(s) to the State for eligible costs
through the date set forth in EXhibit A and within the limits of
Section 3 of this Agreement.
D. All requests for rent shall be submitted no later than 60 days
following the incurrence of reimbursable cost for the term of the
Project, except as otherwise provided in (E) below or in FXhibit A. If
reports and request for reimbursements are not submitted within these
time periods the Grantee shall be considered in violation of the
Agreement and subject to nonpayment of the requested cost or
termination of the Project as outlined in Section 14 of this Contract.
E. Notwithstanding any prior termination of this Agreement under
Section 14, if capital equipment is purchased under this Agreement, the
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Grantee shall continue to provide the annual certification of Project
equipment as above while there is a federal interest in the equipment,
as determined by the State, whether or not the Grantee is also a
recipient of operating and/or administrative funds from Section 18.
SECTION 13. Records. The Grantee and its subcontractors shall maintain
all books, documents, papers, and accounting records and other evidence
pertaining to casts incurred and ePrvice performed on forms provided by the
State. Such materials shall be made available at their respective offices at
all reasonable times during the coulLact period and for three years following
project closeout for inspection by the State, UNTA, or any authorized
representative of the federal government, and copies thereof shall be furnished
if requested.
SECTION 14. Termination.
A. Termination by own terms. This Agreement will terminate by its own
terms as set forth in Exhibit A.
B. For Convenience. The parties may rescind this Agreement and terminate
the Project if both parties agree that the continuation of the Project
would not produce beneficial results gate with the further
expenditure of funds.
C. For Cause. The State may, by written notice to the Grantee by
certified mail, return receipt requested, rescind this Agreement,
retrieve Project equipment, and terminate this Agreement for any of the
following reasons:
1. The Grantee no longer rases the Project equipment for the purposes
described in Exhibit A during the time there is a federal interest
in the Project equipment.
2. The Grantee takes any action pertaining to this Agreement without
prior required approval of the State.
3. The commencement, prosecution, or timely completion of the Project
by the Grantee is for any reason rendered improbable, impossible,
or illegal.
4. The Grantee shall be in default under any provisions of this
Agreement.
D. Action upon Termination. Upon termination of this Agreement and the
Project under the provisions of paragraph A or B of this Section, the Grantee
agrees to return all Project equipment purchased with Project funds to the
State for disposition. If the Grantee's failure either to make adequate
progress or to make reasonable use of the Project equipment, or to honor the
terms of this Agreement is determined by the State to be willful or
unreasonable, the State reserves the right to require the Grantee to refund to
the State the entire amount of Project funds provided by the State or any
lesser amount as may be determined by the State.
sEdia0N 15. Assigning the Agreement.
A. Unless otherwise authorized in writing by the State, the Grantee shall
not assign any portion of the work to be performed under this
Agreement. The Grantee shall not execute any contract, amendment or
change order thereto, or obligate itself in any manner with any third
party with respect to its rights and responsibilities under this
Agreement without the prior written concurrence of the State.
B. The Grantee shall not execute any 1Page, pledge, mortgage, lien, or
other contract touching or affecting the federal, State or local
interest in any Project facilities or equipment, nor shall it obligate
itself, in army other manner, to any third party with respect to Project
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facilities or equipment, unless such lease, pledge, mortgage, lien,
contract, or other obligation is expressly authorized in writing by the
State; nor shall the Grantee, by any act or omission of any kind,
adversely affect the federal, State or local interest or impair its
continuing control over the use of Project facilities or equipment.
SECTION 16. Contract Changes. Any change in this Agreement shall be in
the form of a written supplement signed by the parties to this Agreement.
SECTION 17. Audit and Inspection.
A. The Grantee shall permit the State, UMTA, and the Comptroller General
of the United States, or any of their duly authorized representatives
to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and
accounts of the Grantee and its conLactors with regard to the '
Project. In the cage of contracts awarded under other than competitive
bidding procedures as defined by UMTA, the Grantee shall require those
contractors to permit the State, UMTA, and the Comptroller General of
the United States, or any of their duly authorized representatives, to
inspect all work, materials, payrolls, and other data and records with
regard to the Project, and to audit the books, records, and accounts
pertaining to such contracts with regard to the Project.
B. The Grantee must perform timely audits and provide the State with the
results of such audits, as required by the applicable provisions of OMB
Circular A-128, which is incorporated herein by this reference. Such
audits shall test compliance with the items specified in EXhibit B and
shall be completed by the Grantee if it is a State or local government,
Indian tribal government or private nonprofit organization. Pursuant
to UMTA criteria, UMTA or the State may waive the OMB Circular A-128
audit requirement or substitute a requirement for a grant audit
performed in accordance with the Corptroller General's standards.
C. All grantee audit reports must be submitted to the State within 30 days
of their issuance, and not later than one year after the termination of
this Agreement.
D. The Grantee is responsible for obtaining any audits required by UMTA or
the State. To the extent that the charges for such audits are
necessary for the administration and management of functions related to
the Project, the costs of such audits are allowable under this Project
to the extent authorized by OMB Circular A-87, Revised, OMB Circular
A-21, Revised, or OMB Circular A-122, Revised, as may be applicable.
SrzalON 18. Daual Employment Opportunity. In connection with the
everution of this Agreement, the Grantee shall not discriminate against any
employee or applicant for employment because of race, color, age, creed, sex or
national origin. The Grantee shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, age, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
SECTION 19. Small. Minority and Women's Business Enterprise.
A. Policy - It is the policy of the U.S. Department of Transportation,
hereinafter referred to as DOT, that minority business enterpriQes
(MBE) , as defined in 49 CER Part 23 shall have the maximum opportunity
to participate in the performance of contracts financed in whole or in
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part with federal funds under this Agreement. Consequently, the MBE
requirements of 49 CFR Part 23 apply to this Agreement.
B. MBE Obligation - The Grantee and its subcoulx actors agree to ensure
that MBE as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed
in whole or in part with federal funds provided under this Agreement.
In this regard the Grantee and its subcontractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to
ensure that MBE have the maximum opportunity to compete for and perform
contracts. The Grantee and its subcontractors shall not diGr-riminate
on the basis of race, color, national origin or sex in the award and
performance of DOT-assisted contracts.
shersON 20. Title VI Civil Rights Act of 1964 - Title VI Compliance.
During the performance of this Agreement, the Grantee, for itself, its
assignees and successors in interest (hereinafter referred to as the Grantee)
agrees as follows:
A. Compliance with Regulations: The Grantee shall comply with the
Regulations relative to nondiscrimination in federally-assisted
programs of the Department of Transportation (hereinafter, "DOT") Title
49, Code of federal Regulations, Part 21, as they may be amended from
time to time, (hereinafter referred to as the Regulations) , which are
herein incorporated by reference and made a part of this contract.
B. Nondigrrimination: The Grantee, with regard to the work perfo.ilkci by
it during the contract, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of
subcontractors, including procurements of materials and lPag0s of
equipment. The Grantee shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or
negotiation made by the Grantee for work to be performed under a
subcontract, including procurements of materials or 1Pagee of
equipment, each potential subaculLactor or supplier shall be notified
by the Grantee of the Grantee's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
D. Information and Reports: The Grantee shall provide all information and
reports required by the Regulations or directives issued pursuant and
reports required by the Regulations or directives issued pursuant
thereto, and shall permit acmes to its books, records, accounts, other
sources of information, and its facilities as may be determined by the
State or the Urban Mass Transportation Administration to be pertinent
to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Grantee is in the
exclusive pngsfaaion of another who fails or refuses to furnish this
information the Grantee shall so certify to the Colorado Department of
Highways, or the Urban Mass Transportation Administration as
appropriate, and shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Grantee's
noncompliance with nondiscrimination provisions of this contract, the
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State shall impose contract sanctions as it or the Urban Mass
Transportation Administration may determine to be appropriate,
including, but not limited to:
1. withholding of payments to the Grantee wrier the contract until the
Grantee complies; and/or
2. cancellation, termination, or suspension of the contract, in whole
or in part.
F. Incorporation of Provisions: The Grantee shall include the provisions
of paragraphs (A) through (F) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Grantee shall
take such action with respect to any subcontract or procurement as the
State or the Urban Mass Transportation Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: provided, however, that, in the event a Grantee becomes
involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Grantee may request the
Colorado Department of Highways, and, in addition, the Grantee may
request the United States to enter into such litigation to protect the
interests of the United State.
SECTION 21 Labor Provisions.
A. Construction Contracts. Each construction contract of $2,000 let by
the Grantee in carrying out the Project shall incorporate the
regulations set forth at C.F.R. Part 5.
B. Nonconstruction Contracts. Pursuant to the regulations at 29 C.F.R.
Part 5, the following provisions shall be incorporated in all
nonconstruction contracts of $2,500 let by the Grantee in carrying out
the Project:
1. Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any work week in which he or she is
employed on such work to work in excess of forty hours in the work
week unless such lager or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such work week.
2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the requirements set forth in
subparagraph (b) (1) of 29 CFR § 5.5, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the rasa of work done under
contract for the District of Columbia or a territory, to such
district or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph
(b) (1) of 29 CFR § 5.5 in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess
of the standard work week of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph
(b) (1) of 29 CFR § 5.5.
3. Withholding for Unpaid Wages and Liquidated Damages. DOT or the
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State shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work
performed by the cotILLdctor or subcontractor under any such
contract or any other federal contract with the same prime
contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in subparagraph (b) (2) of 29 CFR S 5.5.
4. Subcontracts. The Grantee or its subcontractor shall insert in any
subcontracts the cla»ePs set forth in subparagraphs 1 through 3 of
this section and also a clause requiring the subcontractors to
include these clati Ps in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the airs-- set forth in
subparagraphs 1. through 3. of this paragraph.
5. Applicability. The above claim-Ps are applicable in any contract
subject only to the Contract Work Hours and Safety Standards Act
and not to any of the other statutes cited in 29 C.F.R. 5.1.
6. Responsibilities. The Grantee or its subcontractor shall maintain
payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the
completion of the contract for all lethPrers and mechanics,
including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee,
social conirity number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. Further, the State shall rPquire the
contracting officer to insert in any such contract a clause
providing that the records to be maintained under this paragraph
shall be made available by the Grantee or its subcontractor for
inspection, copying, or transcription by authorized representatives
of DOT or the Department of Labor, and the Grantee or its
subcontractor will permit such representatives to interview
employees during working hours on the job.
C. State and Local Government Employees. The provisions of the Fair Labor
Standards Act, as amended by P.L. 99-150, Nov. 13, 1985, or as may be
amended further, are applicable to local government employees that
participate in this Project.
sEur1ON 22. Settlement of Third Party Contract Disputes or Breaches. The
term third-party contract, as used in this Agreement, is defined as a cottllact
between the Grantee and its subcontractor in which the Grantee has procured a
good and/or service commercially from the subcontractor. UMTA has a vested
interest in the settlement of disputes, defaults, or breaches involving any
federally-assisted third party contracts. UMPA retains the right to a
proportionate share, based on the percentage of the federal share committed to
the Project, of any proceeds derived from any third party recovery. Therefore,
the Grantee shall avail itself of all legal rights available under any third
party contract. The Grantee shall notify the State of any current or
prospective litigation or major disputed claim pertaining to any third party
contract. LMPA reserves the right to concur in any compromise or settlement of
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the Grantee's claim(s) involving any third party co,L.Lact, before making
federal assistance available to support that settlement. If the third party
couLLact contains a liquidated damages provision, any liquidated damages
recovered shall be credited to the Project account involved unless UMPA permits
otherwise.
sturiON 23. Ethics. The Grantee shall maintain a written code or
standards of conduct that shall govern the performance of its employees,
officers, board members or agents engaged in the award and administration of
contracts supported by federal funds. Such code or standards shall provide
that no employee, officer board member or agent of the Grantee shall
participate in the selection, award, or administration of a coulLact supported
by federal funds if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when any of the parties set forth below
has a financial or other interest in the firm selected for award:
A. The employee, officer, board member or agent;
B. Any member of his or her immediate family;
C. His or her partner; or
D. An organization that employs, or is to employ, any of the above.
The code or standards shall also provide that the Grantee's employees,
officers, board members or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors,
or parties to the subagreement. The Grantee may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of
nominal intrinsic value. To the extent permitted by State or local law or
regulations, such code or standards of conduct shall provide for penalties,
sanctions, or other disr-ipli.nary actions for violations of such code or
standards by the Grantee's employees, officers, board members or agents or by
the contractors or their agents.
sta:riON 24. Prohibited Interest. No employee, officer, board member or
agent of the Grantee shall participate in the selection, award, or
administration of a contract if a conflict of interest, real or apparent, would
be involved. Such a conflict would arise when:
A. The employee, officer, board member or agent;
B. Any member of his or her immediate family;
C. His or her partner; or
D. An organization which employs, or is about to employ any of the above,
has a financial or other interest in the firm selected for award. The
Grantee's employees, officers, board m nhers or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value
from contractors, potential contractors, or parties of subagreelments.
stuTI N 24. Interest of Members of or Delegates to Congress. No member of
or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising therefrom.
stIl.a2ON 25. Patent Rights. If any invention, improvement, or discovery of
the Grantee or any of its third party contractors is conceived or first
actually reduced to practice in the course of or under this Project, which
invention, improvement, or discovery may be patentable under the Patent Laws of
the United States or any foreign country, the Grantee shall immediately notify
the State and UMTA and provide a detailed report. The rights and
responsibilities of the Grantee, third party contractors and UMPA with respect
to such invention, improvement or discovery will be determined in accordance
with applicable federal laws, regulations, policies, and any waivers thereof.
BELTI )N 26. Rights in Data.
10
A. The term "subject data" as used herein means recorded information,
whether or not copyrighted, that is delivered or specified to be
delivered under this Agreement. The term includes graphic or pictorial
delineations in media such as drawings or photographs; text in
spuLifications or related performance or design-type documents; machine
forms such as punched cards, magnetic tape, or computer spry
printouts; and information retained in meter memory. Examples
include, but are not limited to: engineering drawings and aqsnciated
lists, speLifications, standards, process sheets, manuals, kcal
reports, catalog item identifications, and related information. The
term does not include financial reports, cost analyses, and similar
information incidental to contract administration.
B. All "subject data" first produced in the performance of this Agreement
shall be the sole property of UMTA. The Grantee agrees not to assert,
any rights at common law or equity and not to establish any claim to
statutory copyright in such data. Except for its own internal use, the
Grantee shall not publish or reproduce such data in whole or in part,
or in any manner or form, nor authorize others to do so, without the
written consent of UMTA until such time as UMTA may have released such
data to the public; this restriction, however, does not apply to
Agreements with academic institutions.
C. The Grantee agrees to grant and does hereby grant to UMTA and to its
officers, agents, and employees acting within the scope of their
official duties, a royalty-free, nonexclusive, and irrevocable license
throughout the world:
1. To publish, translate, reproduce, deliver, perform, use, and
digpoce of, in any manner, any and all data not first produced or
composed in the performance of this Agreement but which is
incorporated in the work furnished under this Agreement; and
2. Tb authorize others to do so.
D. The Grantee shall indemnify and save and hold harmless UMTA, its
officers, agents, and employees acting within the scope of their
official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Grantee of
proprietary rights, copyrights, or rights of privacy, arising out of
the publication, translation, reproduction, delivery, performance, use
or disposition of any data furnished under this Agreement
E. Nothing contained in this clause shall imply a license to UMTA under
any patent or be construed as affecting the scope of any license or
other right otherwise granted to UMTA under any patent.
F. Subsections C and D above are not applicable to material furnished to
the Grantee by UMTA and incorporated in the work furnished under the
contract; provided that such incorporated material is identified by the
Grantee at the time of delivery of such work.
G. In the event that the Project, which is the subject of this Agreement,
is not cappleted, for any reason whatever, all data generated under
that Project shall become subject data as defined in the Rights in Data
clause in this Agreement and shall be delivered as UMTA may direct.
This clause shall be included in all third-party contracts under the
Project.
SECTION 27. Cargo Preference - Use of United States - Flag Vessels.
Pursuant to regulations published at 46 C.F.R. Part 381, the Grantee agrees to
insert the following clancPs in all contracts let by the Grantee under which
11
equipment, materials or commodities may be transported by ocean vessel in
carrying out the Project:
A. To utilize privately owned United States-flag commercial vpscad.s to
ship at least 50 percent of the gross tonnage (computed enparately for
dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, materials, or commodities pursuant to this
section, to the extent such vptgPls are available at fair and
reasonable rates for United States-flag commercial vessels.
B. Tb furnish within 30 days following the date of loading for shipments
originating within the United States, or within 30 working days
following the date of loading for shipment originating outside the
United States, a legible copy of a rated, "on-board" commercial ocean
bill-of-lading in English for each shipment of cargo dpar-ribed in
paragraph (A) above to the State (through the prime =ILLaoter in the
raQ0 of subcontractor bills-of-lading) and to the Division of National
Cargo, Office of Market Development, Maritime Administration, 400
Seventh Street, S.W. , Washington, D.C. 20590, marked with appropriate
identification of the project.
C. To insert the substance of the provisions of this clause in all
relevant subcontracts issued pursuant to this contract.
SECTION 28. Ineligible Bidders. Bidders or Suppliers whose names appear
on the U.S. Comptroller General's List of Ineligible Contractors are not
eligible for award of, or participation in, any contract that may be awarded as
a result of this Agreement. Submission of a bid by any bidder constitutes
certification that he or any subcontractor or suppliers to him, on this
proposed contract, if one is awarded, are not on the Comptroller General's List
of Ineligible Contractors. A subsequent determination by UMTA that a bidder
knowingly made any misstatement of facts in this regard will be cause for
immediate disqualification, suspension or termination of the contract for
cause. The Comptroller General's List of Ineligible Contractors is available
from the G.A.O. Publications Branch, Room 6427, 441 G. Street, Washington, D.
C. 20548.
SECTION 29. Buy America. Each third party contract utilizing LMTA funds
obligated after January 6, 1983, must comply with Section 165 of the Surface
Transportation Assistance Act of 1982, P. L. 97-424, 49 U. S. C. § 1601 note
(the Buy America Provision) , and UMSA regulations set forth at 49 C.F.R. Part
661 and any guidance issued to implement this statutory provision.
buerrON 30. Nondiscrimination on the Basis of Handicap. The Grantee shall
insure that all fixed facility construction or alteration and all new equipment
included in the Project comply with applicable regulations, "Nondiscrimination
on the Basis of Handicap in Pludiams and Activities, Receiving or Benefiting
from Federal Financial Assistance," set forth at 49 C.F.R. Part 27, and any
amendments thereto that may be issued.
SECTION 31. Air Pollution. No facilities or equipment shall be acquired,
constructed, or improved as a part of the Project unless the Grantee obtains
satisfactory assurances that they are (or will be) designed and equipped to
limit air pollution as provided in accordance with EPA regulations, applicable
federally-approved State Implementation Plan(s) , appropriate UMPA directives
and all other applicable standards.
SECTION 32. Energy Conservation. The Grantee and its third party
contractors shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et
12
seq.) .
SFICPION 33. Flood Hazards. The Grantee shall comply with the flood
insurance purchase requirements with respect to construction or acquisition
purposes, of section 102(a) of the Flood Disaster Protection Act of 1973, 42
U.S.C. § 4012(a) .
SECTION 34. Privacy. Should the Grantee, its third party contractors or
its employees administer any system of records on behalf of the federal
government, the following terms and conditions are applicable:
A. The Grantee agrees:
1. To comply with the Privacy Act of 1974, 5 U.S.C. § 552a and the
rules and regulations issued pursuant to the Privacy Act when
performance under the COIII[dct involves the design, development, or
operation of any system of records on individuals to be operated by
the Grantee, its subcontractors or employees to acca:plish a
Government function;
2. To notify TETA when the Grantee anticipates operating a system of
records on behalf of UMTA in order to accomplish the requirements
of this Agreement, if such system contains information about
individuals which information will be retrieved by the individual's
name or other identifier aseigned to the individual. A system of
records subject to the Privacy Act may not be employed in the
performance of this Agreement until the necessary approval and
publication requirements applicable to the system have been carried
out. The Grantee agrees to correct, maintain, disseminate, and use
such records in accordance with the requirements of the Privacy
Act, and to comply with all applicable requirements of the Privacy
Act;
3. To include this clause, including this paragraph, in all third
party contracts under which work for this Agreement is performed or
which is awarded pursuant to this Agreement or which may involve
the design, development, or operation of such a system of records
on behalf of the Government.
4. To include the Privacy Act Notification contained in this Agreement
in every third party contract solicitation and in every third party
contract when the performance of work under the proposed third
party contract may involve the design, development, or operation of
a system of records on individuals that is to be operated under the
contract to accomplish a Government function.
B. For pu poocs of the Privacy Act, when the Agreement involves the
operation of a system of records on individuals to accomplish a
Government function, the Grantee, third party contractors and any of
their employees is considered as an employee of the Government with
respect to the Government function and the requirements of the Privacy
Act, including the civil and criminal penalties for violations of the
Privacy Act, are applicable except that the criminal penalties shall
not apply with regard to contracts effective prior to September 27,
1975. In azldition, failure to comply with the provisions of the
Privacy Act or of this clause will make this Agreement subject to
termination.
C. The terms used in this clause have the following reanirgs:
1. "Operation of a system of records" means performance of any of the
activities associated with maintaining the system of records on
behalf of UMI.'A including the collection, use and dissemination of
13
records.
2. "Record" means any item, collection, or grooming of information
about an individual that is maintained by the State and the Grantee
on behalf of UMTA, including, but not limited, to, his education,
financial transactions, medical history, and criminal or employment
history and that contains his name, or the identifying number,
symbol, or other identifying particular assigned to the individual,
such as a finger or voice print, or a photograph.
3. "System of records" on individuals moans a group or any records
under the control of the Grantee on behalf of UMTA from which
information is retrieved by the name of the individual or by scene
identifying number, symbol, or other identifying particular
assigned to the individual.
SEuriON 35. Prohibition Against Use of Federal Funds for Lobbying. The
Grantee or its subconlaactor shall not use federal assistance funds for
publicity or propaganda purposes designed to support or defeat legislation
pending before Congress.
six nail 37. Hatch Act. The provisions of 5 U.S.C. §§ 1501-1508 (the
"Hatch Act') , and implementing regulations set forth in 5 C.F.R. Part 151 are
applicable to State and local agencies and their officers and employees to the
extent covered by the statute and regulations. The "Hatch Act" restricts the
political activity of an individual principally employed by a State or local
executive agency in connection with a program financed in whole or in part by
federal loans, grants, or cooperative agreement. However, the "Hatch Act" does
not apply to a nonsupervisory employee of an urban mass transportation system
(or of any other agency or entity performing related functions) to whom the
"Hatch Act" is otherwise inapplicable.
SECTION 38. Preawari and Postdelivery Audit. The Grantee shall comply
with any regulations that may be issued to implement section 12(j) of the Act,
49 U.S.C. § 1608(j) .
SECTION 39. Charter and School Bus Operations.
A. Charter Bus. The Grantee, or any operator of mass transportation
acting on its behalf, shall not engage in charter bus operations
outside the urban area within which it provides regularly scheduled
mass transportation service, except as provided under section 3(f) of
the Act, 49 U.S.C. 1602(f) , and applicable regulations "Charter
Service," set forth at C.F.R. Part 604 and any amerdtiEnts thereto that
may be issued. Any charter service agreement entered into under these
regulations is incorporated into this Agreement by reference.
B. School Bus. The Grantee, or any operator of mass transportation acting
on its behalf, shall not engage in school bus operations exclusively
for the transportation of students or school personnel in competition
with private school bus operators, except as provided under section
3(g) of the Act, 49 U.S.C. § 1602(g) and applicable regulations,
"School Bus Operations," set forth at 49 C.F.R. Part 605 and any
amendments thereto that may be issued. Any school bus agreement
entered into under these regulations is incorporated into this
Agreement by reference.
SECTION 40. piotor Vehicle Safety Standards. The Grantee will assure that
the motor vehicles purchased under this Agreement will comply with the Motor
Vehicle Safety Standards as established by the DS of Transportation at
49 CFR Parts 390 and 571.
SYJalON 41. Motor Vehicle Emission Requirements. The Grantee must provide
14
a certification that:
A. The hcreepvaer of the vehicle is adequate for the speidd, range and
terrain in which it will be required and also to meet the demands of
all auxiliary power equipment.
B. All gases and vapors emanating from the crankcase of a spark-ignition
engine are coiiLLulled to minimize their escape into the atmosphere.
C. Visible emission from the exhaust will not exceed No. 1 on the
Ringlemann Scale when measured six inches from the tail pipe with the
vehicle in steady operation.
D. When the vehicle has been idled for three minutes and then accelerated
to 80 percent of rated bpi under load, the opacity of the exhaust
will not exceed No. 2 on the Ringlemann cnaie for more than five
seconds, and not more than No. 1 on the Ringlemann Scale thereafter.
SECTION 42. False or Fraudulent Statements or Claims. The Grantee
acknowledges that should it make a false, fictitious, or fraudulent claim,
statement,submission, or certification to the Government in connection with
this Project, UMTA reserves the right to pursue the procedures and impose on
the Grantee the penalties of 18 U.S.C. § 1001, 31 U.S.C. §§ 231 and
3801 et seq. , and/or 49 U.S.C. § 1607(h) , as may be deemed by UMTA to be
appropriate.
SECTION 43. Debarment and Suspension. The Grantee shall obtain fram its
third party wtil.ractors certifications required by Department of Transportation
regulations, "Gorerrmentwide Debarment and Suspension (Nonprocurement) ,"
49 C.F.R. Part 29, and otherwise comply with the requirements of those
regulations.
SECTION 44. Labor Protection. The Grantee agrees to undertake and
complete the Project under the terms and conditions of the Special Section
13(c) warranty for the Section 18 program agreed to by the Secretaries of
Transportation and rater dated May 31, 1979, or substitute tearable
arrangements agreed to by the Secretary of Labor.
SECTION 45. Prohibition of Drugs. The Grantee agrees to comply with
49 C.F.R. Part 653, "Control of Drug Use in Mass Transportation Operations."
SECTION 46. Miscellaneous.
A. Bonus or Commission. The Grantee warrants that it has not paid, and
also agrees not to pay, any bonus or commission for the purpose of
obtaining approval of its application for the financial assistance
hereunder.
B. State or Territorial Law. Except to the extent that a federal statute
or regulation conflicts with State or territorial law, nothing in the
Agreement shall require the Grantee to observe or enforce compliance
with any provision thereof, perform any other act, or do any other
thing in contravention of any applicable State or territorial law;
however, if any of the provisions of the Agreement violate any
applicable State territorial law, the Grantee shall at once notify the
State in writing in order that appropriate arrangements may be made by
the State and the Grantee to the end that the Grantee may proceed as
soon as prssible with the Project.
C. Severability. If any provision of this Agreement is held invalid, the
remainder off this Agreement shall no yW
t be affected terms and
if such
remainder nder would then continue to conform and requ re rents
of applicable law.
D. Pursuant to Federal, State, and Local Law. In performance of its
obligations under this Agreement, the Grantee shall comply with all
15
applicable provisions of federal, state, and to al law. All limits or
standards set forth in this Agreement to be observed in the performance
of the project are minimum requirements, and all more stringent State
or local standards as outlined in Exhibit A shall be applicable to the
Performance of the Project.
E. No State Obligations to Third Parties. The State shall not be subject
to any obligations or liabilities to any third party in connection with
the performance of this Project without its speg ific written consent.
Neither the concurrence in nor the approval of the award of this
contract or any subcontract, or the solicitation thereof, nor any other
act performed by the State under this eoull act shall constitute such
consent.
F. Pursuant to Applicable Regulations. The Project shall be performed by
the Grantee pursuant to all applicable federal requirements, which
shall be provided to the Grantee by the State. The Grantee shall
confirm receipt of such regulations in writing.
sterION 47. Americans With Disabilities Act. The Grantee agrees to comply
with PL 101-336, 42 USC 12101 et seq, "Americans With Disabilities Act".
SECTION 48. The Special Provisions attached hereto are hereby made a part
of this Agreement.
SECTION 49. The Grantee shall include in all subcontracts entered into
pursuant to this Agreement all of the above clap-4-1 it through 48, inclusive.
In addition, the Grantee shall include the following provisions in any
advertisement or invitation to bid for any procurement under this Agreement;
Statement of Financial Assistance
This agreement is subject to a financial
assistance contract between the State of Colorado,
the U.S. Department of Transportation,
and the Urban Mass Transportation Ad iristration
SECTION 49. The Grantee warrants that it has the lawful authority to enter
this Agreement, and that it has taken all actions and complied with all
procedures necessary to execute the authority lawfully in entering this
Agreement, and that the undersigned signatory for Grantee has been lawfully
delegated the authority to sign this Agreement on behalf of Grantee.
16
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST: STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Chief Clerk Executive Director
DEPARTMENT OF HIGHWAYS
APPROVED: DUANE WOODARD
CLIFFORD W. HALL Attorney General
State Controller
By By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
ATTEST: FOR THE GRANTEE:
By
Name Name
Title Title
ttirw...caa SPECIALPItOVISIONS
CONTROLLEWo APPROVAL-
< 1. This contract shall not be deemed valid emit it shell have ban approvedby the Controller tithe State of
Colorado or such assistant as he may drrignion This provision is applicable to any comma involving the pay-
tent of money by the State.. a
•. -FUND AVAILABILITY
2. Financial obligations of the State payable after the torrent fiscal year are oontingmt upon funds for that
purpose being appopriated, budgeted and otherwise made'refloat
-
• - 3. if this contract involves the payment d more than fifty thousand dollars fx the ccewnttion,erection,
repair.maintenance,or improvement of any building,road.bridge,viaduct,tunnel,excavation or other public
vats for this State,the contractor shad,before entering the performance day such work included w this ece►
tract.duly execute and deliver to and Ole with the official whose signature appears below for the State,a good
and sufficient bond or other acceptable surety to be approved by said official in s penal sum not las than one- ..
half of the total amount peyable by the terms of this centract.Such bond shall be duly masted by a qualified
eoepaate surety,conditioned for the due and faithful performance tithe contract,and in addition,shall provide
•
that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance.pro-
visions,provender aother supplies used ceconsumed by such contractor or his subcontractor lo performance d
•
't,, the work contracted to be done,the surety will pay the same in an amount not exceeding the suns specified in the- ..
° bond,together with Interest at the rate of eight per cent per amuntn. Unless sues hood,when so required,is
`.f executed,delivered and filed,no claim in farce of the contractor arising under this contract shall be audited,
- allowed or paid.A certified or whia's chock or a bank money order payable to the Treasurer of the Stated ,.
Cokradu may be =aqua in lieu d a ked..,This provision is in compliance wills 38-26106 CRS. as -
INDEMNIFICATION
4: To the extent authorized by law, the contractor shall indemnify, saw and hold harmless the State. its
employees and agents,against any and all claims,damages,liability and court awards including costs,expenses.
and attorney feu incurred as a result of any actor omission by the cootractor,or is employees.agents,subcar
;,' tractors,or assignees pursuant to the terms of this contract. - s r , .. . -
DISCRIMINATION AND AFFIRMATIVE ACTION .
` S. The contractor'grecs to comply withthis letter and sphit of Un Colorado Antidisaimination Act of 1957.
as amended,and other applicable law respecting discrimination and unfair empbyment practices(24-34.402 .. ..
CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative Action.
dated April 16, 1975.Pursuant thereto,thelodawing prowl:kens shall be contained in all State contracts or
_ 7ab•Matrnex 4, r. ✓.A,t,� < -:,1C Y.11^'t O'SY;..•• W`y�3:.£ 1 ti�.•:c'y.. 7"i ?•
wa;.. .^.fi.During the tperformance of this contract,the contractor agreessafoilowt tat e.;E a -
(I) The contractor will not dsenmiate span*any employee ce applicant for employment because of
race,creed color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or -
sp.The contractor will take affirmative Seidl to insure that applicants are employed,and that employees •
_y "s: `:•• are treated during employment.vrithout regard to the above mentioned duraaersda Such action shall
i-. include.but not be limited to the following:employment,upgrading,demotion.or transfer,remanent or
recruitment advertising:lay-offs or termieatiom4 rates of pay or other fornn of eomparsatiac and selec•
_ - --.._. - .._:. '"-t.,Lion for training,including apprenticeship The contractor agrees to pmt in saapicutw plain,available --
to employees and applicants for employment,notices to be provided by the contracting Slicer setting forth
provisions of this non-diserininatice clause. -`
(2) The convector will.in all solicitations or advertisements for employees plead by or on behalf of the
. _....contractor,state that all qualified applicants will receive consideration for employment without regard to .
race, creed, cola. national origin. sex, marital status, religion, ancestry, mental a physical
..-- - .. handica as lit .-- -
'+ (3) The contractor will send to each labor union or repRsantative ofwaters with which he has collective
'+. - ' bargaining agreement or other contract or a da*anding notice to be provided by the contracting officer, '- . - .- -
_._ _ -,.advising the labor union or workers'representative d the contractor's eommimmment under the Executive
Order,Equal Opportunity and Affirmative�Action,dated April 16.1973,and tithe rules,regulations,and -.
relevant th •
want Orders Use Governor.. .e^°' --trii�
r
.
(4) The contractor and labor unions win furnish are information and reports required by Executive Order.
.. Equal Opportunity and ARrmative Action of April 16,1975,and by the rules,regulations and Orden of
the Governor.or pursuant thereto,and will permit access to his books,records,and accounts by the tea► .
meting agency and the office of the Governor or his designee for purposes of investigation to ascertain
_ compliance with aeh roles,Rpdatiom'aed orders. c - _
(5) A labor orpnization will not exclude any individual otherwise qualified from full membership rights in
such labor organization,or expel any such individual iron membership in such labor organization or dis- _
... criminate against any of its members in the fun aljoyment of work opportunity,because dace creed.
color.see national origin,or ancestry.
`.. .(6) A labor organisation,or the employees ex members thereof will not aid,abet,incite,compel or coerce _ _
the doing of any act defined in this contract to be diserimiatory or otenuct or prevent any person from - _
+s ....complyingwit the provision ofthis contract orany ader issued thereunder;a attempt,either directly or `
•indirectly,to commit any act defined inthis contract to be disaimbator F"'.:'Y .a+< ,..:tA
•
•
P95-53-01-1022 page—1_ or pages `
• .. RCvnal 11-83 :.ati. 5 R. . - ,.. `".... -^t• � . �''��`.
EXHIBIT A
SCOPE OF WORK AND CONDITIONS —
Weld County Human Resources
A. Standards g,E Performance.
1. The Grantee will provide a minimum of 26,243 one-way passenger
trips per month (averaged quarterly) , at a maximum operating and
administrative cost of S2. 13 per trip and a minimum rate of 0.41
passengers per vehicle mile. Standards of performance will be
measured, reported and averaged at least quarterly. Measurement
of these standards will commence with the presentation of the
Grantee's first monthly report and request for reimbursement.
2. Performance will be reviewed quarterly. The State will begin its
review no later than 30 calendar days after each performance
quarter. If the State's review determines that the Grantee's
performance does not meet the standards of performance set forth
in paragraph A (1) above, the following steps will be taken:
a. The State will notify the Grantee in writing that
performance does not meet the requirements of this
Agreement.
b. Thirty (30) calendar days after date of such notification,
the Grantee will submit to the State a written explanation
of the cause(s) of the substandard performance, which shall
include a written plan for improving performance.
c. The State will review the plan for improvement and notify
the Grantee of its approval within 21 days.
d. If the plan is approved by the Department, the Grantee
will implement the plan immediately upon receipt of the
State's notification. If the plan is not approved by the
Department remedial measures will be determined on a case by
case basis.
B. Project Budret.
1. The net Project cost is estimated to be and shall be shared as
follows:
Capital Equipment Admin. Cost. Operating Deficit
Function # ( 1518C ) ( 1516 C ) ( 1517 C )
Federal Share 70% $0 70% $3,850 50% $16,816
Grantee Share 30% $0 30% $1,650 50% $16,816
TOTAL $0 $5,500 S33,632
2. The Project Cost shall not exceed the maximum allowable cost of
S39.132. The Grantee shall provide the Grantee's Share as provided
above. The Grantee's Share, together with the Federal share, shall be
in an amount sufficient to assure payment of the net Project cost. The
State shall have no obligation to provide State funds for use on this
Project. The State will administer federal funds for this Project
under the terms of this Agreement, provided that the federal share of
UMTA funds to be administered by the State are made available and
remain available. In no event shall the State have any obligation to
6 .
Exhibit A
Page 2
provide State funds or provide federal UMTA funds for the Grantee's
share of the Project. The Grantee shall initiate and prosecute to
completion all actions necessary to authorize the Grantee to obtain and
provide its share of the Project costs at or prior to the time that
such funds are needed to meet Project costs.
3. Up to one half of the Grantee's share for capital, administrative, and
operating expenses may be provided from unrestricted federal funds. At
least one half must be from sources other than federal funds. The
Grantee's share for capital expenses shall be provided in cash. The
Grantee shall initiate and prosecute to completion all actions
necessary to enable the Grantee to provide its share of the Project
costs at or prior to the time that such funds are needed to meet
Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be
provided will be allowed unless there is at the same time a refund or
reduction of the federal share of a proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses
not incurred in cash by the Grantee (e.g. , donated or in-kind goods and
services), though such expenses may be used as the Grantee's share. No
more than 30 percent of Project administrative expenses nor more than
50 percent of Project operating expenses may be attributed to non-cash,
donated, or in-kind expenses.
C. Reimbursement eliYibility. Requests for reimbursement for project costs
will be paid to the Grantee upon presentation of invoice(s) to the State
for eligible costs incurred through January 31. 1992 and within the
limits of Section 3 of this Agreement. The final invoice shall be
submitted no later than sixty days after the above date.
D. Contract expiration. The Agreement shall expire when the capital
equipment no longer has a federal interest, as determined by the State.
If no capital equipment is obtained, the contract shall expire upon final
reimbursement by the State, within the limits of section C. above.
E. Project DescriDtioq. The Grantee shall perform all the Project activities
generally described in the application for funding submitted to the State
on April 30, 1990, and as specifically described below. That application
is incorporated herein by reference to the extent consistent with this
Agreement.
Weld County Human Resources provides transportation for a variety of
agencies. One program for the general public is the Mini-Bus
Transportation program. The Mini-Bus service is an advanced reservation
fixed schedule service.
The Grantee will increase the capability of the Mini-Bus Transportation
program to provide services to the general public with an emphasis on
elderly, disabled and low income persons in the rural areas of Weld
County. The Grantee will increase the commitment to the Mini-Bus service
by making one additional driver available for this service in 1991.
The Grantee will provide service under this contract in rural Weld County
outside the city limits of the city of Greeley on five routes, indicated
as numbers 1, 2, 3, 4, and 6. Route #1 will run one time per week between
Grover and Greeley, arriving in Grover at 8:30 a.m. and returning there at
Exhibit A
Page 3
3:00 p.m. Route #2 serves Fort Lupton two times a week, with the
destination alternating between Greeley and Denver. This route arrives in
Fort Lupton at 8:00 a.m. and returns there at 3:00 p.m. Route #3 runs one
time per week between Keensburg and Hudson and Greeley, arriving in
Keensburg at 8:30 a.m. and returning there at 3:30 p.m. Route $4 runs two
times per week between Nunn, Pierce, Ault and Eaton and Greeley, arriving
in Nunn at 9:00 a.m. and returning there at 3:30 p.m. Route #6 runs two
times per week between Milliken, Johnstown, Windsor and Severance and
Greeley, arriving in Milliken at 8:45 and returning there at 3:30 p.m.
The Grantee will make service available five days per week, eight hours
per day, 52 weeks per year. Routes will be increased from a 1990 level of
twenty to twenty-nine. Response to individual requests for transit
service will be increased especially at mid-day, when there currently is
very little capacity to coordinate Mini-Bus service for clients.
The Grantee will promote its service, including the fact it is available
to the general public, through newspaper articles, brochures, driver
activities and public service announcements.
Any costs incurred by the Grantee for which the Grantee receives specific
reimbursement from other UMTA funds (i.e. , Section 16(b)(2), RTAP) may not
be listed as a cost to be shared by UMTA on the monthly reimbursement
request.
Exhibit B
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH UMTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 18 program are available through States
to provide capital, operating and administrative assistance to public
transportation systems in non-urbanized areas.
II. PROGRAM PROCEDURES
Annual formula apportionments are made to States who apply for funds on
behalf of local recipients and administer the program. The Colorado
Department of Highways is the state agency designated by the Governor
to apply for and administer the funds. The Department, the recipient,
awards funds to subrecipients, hereinafter referred to as Grantees, on
a competitive basis.
III. COMPLIANCE REOUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matching Requirements
Compliance Requirement: The minimum local matching
requirement for operating assistance (costs directly
associated with operations) is 50 percent of the net
operating deficit. The operating deficit is determined by
subtracting operating revenue from total operating expenses.
Operating revenue includes rider fares and donations, and
advertising revenue (e.g. , "rolling billboards") . No capital
equipment purchases can be charged to operating costs.
The minimum local match for capital equipment purchases is 30
percent and must be in cash. The equipment purchase(s) must
be consistent with the equipment specified in the Agreement's
Scope of Work and Conditions (Exhibit A). Capital equipment
is defined as any item costing over $300 with a useful life
of over one year.
The minimum local match for administrative expenses is 30
percent. In general, administrative costs include the
salaries of administrators and fiscal personnel, advertising,
and overhead. No capital equipment purchases can be charged
to administrative costs.
The local match for operating and administrative assistance
can be in the form of documented in-kind contributions. All
local match must be expended for the Project, as described in
Exhibit A. Local match cannot be used to match other
programs. Up to 50 percent of the local match can be derived
from unrestricted federal sources.
Exhibit B
Page 2
Sueeested Audit Procedures:
• Examine the Scope of work and Conditions
(Exhibit A).
• Ascertain the total Project cost.
• Determine whether local matching funds were applied
to the uses for which they were committed.
in Verify that payment of federal funds is accompanied
by the appropriate share of local matching funds,
that in-kind contributions are documented, that
matching funds are not used to match other
programs, and that federal funds used as match do
not exceed the 50 percent threshold, and that no
capital equipment purchases were charged as
administrative or operating expenses.
B. Allowable Costs
Compliance Reauirement: Expenditures made by the Grantee and
charged to the Project must meet the requirements set forth
in Section 5 of this Agreement. In general, costs which are
not allowable include entertainment, depreciation, interest,
fines and penalties, fund raising expenses, and costs related
to providing services in urbanized areas (areas with a
population over 50,0000, which include the metropolitan areas
of Colorado Springs, Boulder, Denver, Fort Collins, Grand
Junction, Greeley and Pueblo. ) The Grantee shall determine
the costs of serving urbanized areas based on that percentage
of passenger trips provided in urbanized areas as compared to
those provided in nonurbanized areas.
Grantees serving resort areas and providing seasonal levels
of service may only be reimbursed at that level of service
provided year round, based on the monthly average of the
number of service hours applied to annual costs.
Grantees submit monthly (or quarterly) reimbursement requests
to the State. On that report Grantees indicate total
transportation costs, which may include costs not related to
the Project. The "Amount to be shared by UMTA" columns
represent the Project costs and may not include nonallowable
costs.
No more than 30 percent of the Projects administrative
expenses nor more than 50 percent of the Project operating
expenses may be attributed to non-cash, in-kind expenses.
Suegested Audit Procedures:
• Review Section 5 of this Agreement.
6'
-Exhibit B
Page 3
• Review at least three reimbursement requests
submitted by the Grantee to the State. Ascertain
whether the Grantee included any nonallowable
costs in the "Amount to be shared by UMTA"
columns.
• Ascertain whether the Grantee has sufficient
controls and procedures in place to ensure
nonallowable costs are not charged to the Project.
C. ACCOnDtinz Records
Grantees are expected to maintain accounting records in
accordance with Section 6 of this Agreement.
Suzzested Audit Procedures:
• Review Section 6 of this Agreement.
• Ascertain whether the Grantee's procedures and
records are in compliance.
EXHIBIT A
SCOPE OF WORK AND CONDITIONS .
Weld County Human Resources
A. Standards 21 Performance.
1. The Grantee will provide a minimum of 26,243 one-way passenger
trips per month (averaged quarterly) , at a maximum operating and
administrative cost of S2. 13 per trip and a minimum rate of 0.41
passengers per vehicle mile. Standards of performance will be
measured, reported and averaged at least quarterly. Measurement
of these standards will commence with the presentation of the
Grantee's first monthly report and request for reimbursement.
2. Performance will be reviewed quarterly. The State will begin its
review no later than 30 calendar days after each performance
quarter. If the State's review determines that the Grantee's
performance does not meet the standards of performance set forth
in paragraph A (1) above, the following steps will be taken:
a. The State will notify the Grantee in writing that
performance does not meet the requirements of this
Agreement.
b. Thirty (30) calendar days after date of such notification,
the Grantee will submit to the State a written explanation
of the cause(s) of the substandard performance, which shall
include a written plan for improving performance.
c. The State will review the plan for improvement and notify
the Grantee of its approval within 21 days.
d. If the plan is approved by the Department, the Grantee
will implement the plan immediately upon receipt of the
State's notification. If the plan is not approved by the
Department remedial measures will be determined on a case by
case basis.
B. Project Budget.
1. The net Project cost is estimated to be and shall be shared as
follows:
Capital Equipment Admin. Cost. Operating Deficit
Function # ( 1518 ) ( 1516 ) ( 1517 )
Federal Share 70% SO 70% S3,850 50% $16,816
Grantee Share 30% SO 30% S1,650 50% S16,816
TOTAL $0 55,500 S33.632
2. The Project Cost shall not exceed the maximum allowable cost of
S39.13Z. The Grantee shall provide the Grantee's Share as provided
above. The Grantee's Share, together with the Federal share, shall be
in an amount sufficient to assure payment of the net Project cost. The
State shall have no obligation to provide State funds for use on this
Project. The State will administer federal funds for this Project
under the terms of this Agreement, provided that the federal share of
UMTA funds to be administered by the State are made available and
remain available. In no event shall the State have any obligation to
Exhibit A
Page 2
provide State funds or provide federal UMTA funds, for the Grantee's
share of the Project. The Grantee shall initiate and prosecute to
completion all actions necessary to authorize the Grantee to obtain and
provide its share of the Project costs at or prior to the time that
such funds are needed to meet Project costs.
3. Up to one half of the Grantee's share for capital, administrative, and
operating expenses may be provided from unrestricted federal funds. At
least one half must be from sources other than federal funds. The
Grantee's share for capital expenses shall be provided in cash. The
Grantee shall initiate and prosecute to completion all actions
necessary to enable the Grantee to provide its share of the Project
costs at or prior to the time that such funds are needed to meet
Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be
provided will be allowed unless there is at the same time a refund or
reduction of the federal share of a proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses
not incurred in cash by the Grantee (e.g. , donated or in-kind goods and
services), though such expenses may be used as the Grantee's share. No
more than 30 percent of Project administrative expenses nor more than
50 percent of Project operating expenses may be attributed to non-cash,
donated, or in-kind expenses.
C. Reimbursement elizibility. Requests for reimbursement for project costs
will be paid to the Grantee upon presentation of invoice(s) to the State
for eligible costs incurred through January 31. 1992 and within the
limits of Section 3 of this Agreement. The final invoice shall be
submitted no later than sixty days after the above date.
D. Contract expiration. The Agreement shall expire when the capital
equipment no longer has a federal interest, as determined by the State.
If no capital equipment is obtained, the contract shall expire upon final
reimbursement by the State, within the limits of section C. above.
E. Proiect Description. The Grantee shall perform all the Project activities
generally described in the application for funding submitted to the State
on April 30, 1990, and as specifically described below. That application
is incorporated herein by reference to the extent consistent with this
Agreement.
Weld County Human Resources provides transportation for a variety of
agencies. One program for the general public is the Mini-Bus
Transportation program. The Mini-Bus service is an advanced reservation
fixed schedule service.
The Grantee will increase the capability of the Mini-Bus Transportation
program to provide services to the general public with an emphasis on
elderly, disabled and low income persons in the rural areas of Weld
County. The Grantee will increase the commitment to the Mini-Bus service
by making one additional driver available for this service in 1991.
The Grantee will provide service under this contract in rural Weld County
outside the city limits of the city of Greeley on five routes, indicated
as numbers 1, 2, 3, 4, and 6. Route #1 will run one time per week between
Grover and Greeley, arriving in Grover at 8:30 a.m. and returning there at
Exhibit A
Page 3
3:00 p.m. Route #2 serves Fort Lupton two times a week, with the
destination alternating between Greeley and Denver. This route arrives in
Fort Lupton at 8:00 a.m. and returns there at 3:00 p.m. Route #3 runs one
time per week between Keensburg and Hudson and Greeley, arriving in
Keensburg at 8:30 a.m. and returning there at 3:30 p.m. Route #4 runs two
times per week between Nunn, Pierce, Ault and Eaton and Greeley, arriving
in Nunn at 9:00 a.m. and returning there at 3:30 p.m. Route #6 runs two
times per week between Milliken, Johnstown, Windsor and Severance and
Greeley, arriving in Milliken at 8:45 and returning there at 3:30 p.m.
The Grantee will make service available five days per week, eight hours
per day, 52 weeks per year. Routes will be increased from a 1990 level of
twenty to twenty-nine. Response to individual requests for transit
service will be increased especially at mid-day, when there currently is
very little capacity to coordinate Mini-Bus service for clients.
The Grantee will promote its service, including the fact it is available
to the general public, through newspaper articles, brochures, driver
activities and public service announcements.
Any costs incurred by the Grantee for which the Grantee receives specific
reimbursement from other UMTA funds (i. e. , Section 16(b)(2), RTAP) may not
be listed as a cost to be shared by UMTA on the monthly reimbursement
request.
•
a--;H•
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST: STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Chief Clerk Executive Director
DEPARTMENT OF HIGHWAYS
APPROVED: DUANE WOODARD
CLIFFORD W. HALL Attorney General
State Controller
By By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
ATTEST: FOR THE GRANTEE:
, Mil Let
WELD C N Y BOARD OF COMMISSIONERS
BY k ?/X rim
� n// 7)7,1_777„2 / By
Deputy Clerk to the Board
Name Donal D. Warden Name Gene R. Brantner
Title Clerk to the Board Title Chairman
/a"6/90
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