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Home My WebLink About20174274.tiffPO # i OLA #: 400000815 / 331001685 Routing #: 1 8-HA4-XC-00014-ZM000I -M0002 IGA OPTION LETTER Date 01/09/2019 State Fiscal Year 2019 Option Letter No. 2 Project Code AQC C030-74 (22260) Original Contract # 18HA4XC00014 Vendor Name: WELD COUNTY GOVERNMENT SUBJECT Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). REQUIRED PROVISIONS In accordance with the terms of the original Agreement 18HA4XC00014 between the State of Colorado, Department of Transportation and WELD COUNTY GOVERNMENT, the State hereby exercises the option to add a phase that will include Misc. and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is now increased by $380,624.00. A new Exhibit C-3 is made part of the original Agreement and replaces Exhibit C-2. The total encumbrance as a result of this option and all previous options and/or amendments is now $1,160,624.00, as referenced in Exhibit C-3. The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: $1,160,624.00 as referenced in Exhibit C-3. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS State lorado: Ja S. lis, Governor By: J hua LaipplP:E., Chief For: hoshana M. Lew, Executive Director, Colorado Department of Transportation Date: lb l l ZD t Q ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. Document Builder Generated Rev. 12/09/2016 State Controller Robert Jaros, CPA, MBA, JD Page 1 of 1 Comm t1i C0. =kall 2./(o/t9 CC'.P WCE0./MQ) 13o/Io 2o►i-4z�4' EXHIBIT C-3 - FUNDING PROVISIONS A. Cost of Work Estimate PROJECT#AQC C030-074 (22260) The Local Agency has estimated the total cost the Work to be $1,160,624.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds $960,881.00 (82.79% of Participating Costs) b. Local Agency Matching Funds $199,743.00 (17.21% of Participating Costs) TOTAL BUDGETED FUNDS $1,160,624.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): TBD b. Federal Award Date (also Phase Performance Start Date): See Below c. Amount of Federal Funds Obligated: $960,881.00 d. Total Amount of Federal Award: $ 960,881.00 e. Name of Federal Awarding Agency: FHWA f. CFDA # - Highway Planning and Construction CFDA 20.205 g. Is the Award for R&D? No h. Indirect Cost Rate (if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $ 960,881.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $960,881.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $ 1,160,624.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: I $ 1,160,624.00 Performance Period Start*/End Date WBSElement 22260.10.50 10/31/2017 / 7/31/2019 Misc. 3404 $1,160,624.00 Exhibit C-3 - Page 1 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 82.79% federal -aid funds to 17.21% Local Agency funds, it being understood that such ratio applies only to the $1,160,624.00 that is eligible for federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,160,624.00, and additional federal funds are made available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and 100% of all non -participating costs; if additional federal 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 $1,160,624.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $960,881.00 (for CDOT accounting purposes, the federal funds of $960,881.00 and the Local Agency matching funds of $199,743.00 will be encumbered for a total encumbrance of $1,160,624.00), 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 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. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $750,000 or more -Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure of $750,000 or more -Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-3 - Page 2 of 2 PO If / OLA #: 400000815 / 331001685 Routing #: 18-HA4-XC-00014-LM0001 IGA OPTION LETTER Date 11/13/2017 State Fiscal Year 2018 Option Letter No. 1 Project Code 22260 Original Contract # 18HA4XC00014 Vendor Name: WELD COUNTY GOVERNMENT SUBJECT Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). REQUIRED PROVISIONS In accordance with the terms of the original Agreement 18HA4XC00014 between the State of Colorado, Department of Transportation and WELD COUNTY GOVERNMENT, the State hereby exercises the option to add a phase that will include Misc. and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is now increased by $780,000.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. The total encumbrance as a result of this option and all previous options and/or amendments is now $780,000.00, as referenced in Exhibit C-1. The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: $780,000.00 as referenced in Exhibit C-1. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS Colorado: John Wj Hickenlooper, Governo Date: y- Joshua Lai rat "'.E., ChiefE g F f: Shailen P. Bhatt, Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD Document Builder Generated Rev. 12/09/2016 O_Ornenunica,tionS Lai a-7 Page 1 of 3 2017-4274 PO # / OLA #: 400000815 /331001685 Routing #: 18-HA4-XC-00014-ZM0001 EXHIBIT C-1 — FUNDING PROVISIONS (22260) A. Cost of Work Estimate PROJECT#AQC C030-074 e Local Agency lias estimated the total cost the We in Iw $Th0 000.tNt which is to he llurde,t ns fehldws I. BUDGETED FUNDS a. Federal Funds $645,762.00 (82.79% of Participating Costs) b Local Agency Matching Funds $134,23$..00 (17,21% of Participating Costs) TOTAL BUDGETED FUNDS $780,000.00 2. OMB UNIFORM GUIDANCE a Federal Award Identification Number (FAIN): TUB b, Federal Award Date (also Phase Perfi.>nnance Start Date): Sec Below c, Amount of Federal Rinds Obligated by this Action: $645,762.00 d, Total Amount of Federal Award: $ 645,762 00 e, Name of Federal Awarding Agency. FHWA f. CFDA # - Highway Planning and Construction CFDA 20.205 g. is the Award for R&D? No h. Indirect Cost Rate (if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $ 645,762.00 b. Less Estimated Federal Share of CDOT-Incurred Coats $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 56.15,762=t)li 4. FOR COOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $ 7$0,000.00 b. Less ROW Acquisition 3111 endtor ROW Relocation 3109 $0.00 Net to be encumbered as follows: 1 $ 780,000.00 Neter 77tE4 cnc+tmdaers allAtha Am* WBS Element 22260.1 D.50 Performance Period Stmt./End Date 10131/2017 / 7/31/2019 Misc. 3404 $780,000.00 Me Local Agency should not begin woth until all three of the following are in piece: 1) Phase Performance Period Butt Date; 2)The execution of the document encunbedng funds for the respecttve phase; and 3) Local Agency receipt of the official Notice to Proceed. Any wroth performed before those three maestones are achieved will not be reimbursable. Exhibit C - Page 1 of 1 Document Builder Generated Rev. 12/09/2016 Page 2 of 3 PO 4/ OLA 4: 400000815 / 331001685 Routing 4: 18-HA4-XC-00014-ZM0001 B. Matching Funds The matching ratio for the federal participating funds for this Work is 82.79% federal -aid funds to 17 21% Local Agency funds, it being teiderstood that such ratio applies only to the $780,000.00 that is eligible for federal participation. it being further understood that all non -participating casts arebomc by the Local Agency at 100% If the total participating cost of performance of the Work exceeds $780,(100.00, and additional federal funds are made available for the Work. the Local' Agency shall pay 17.21% of aU such costs eligible for federal participation and 1110% of all non-participating.costsi if additional federal funds tire not made available, the Local Agency shall pay nil such excess costs. if the total participating; cost of performance of this Work is less than $780,000:00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein The performance of the Work shall be et no cost to the State, C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $645,762.00 (for CDOT accounting purposes, the federal funds of $645,762A10 and the Local Agency funds of S134,238.00 will be encumbered for n total encumbrance of $780,000.00), unless such amount is increased by an appropriate written mcxtification to this Agreement executed before any increased coq is incurred, It is understood and agreed by the parties hereto thin the total volt of the Work slated 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. The maximum amount payable shall be reduced without amendment when the actual amount of the i,oenl Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds, The maximum Snwunt payable shall be reduced through the execution of an Option letter as described in Section 7. E. of this contract - D. Single Audit Act Amendment All stale and local government and non-profit organizations recentt defined as federal financial assistance for Single Audit Act Amendment requirements of 2 CFR part 200, subpart Jr (Audit Requirements) sees's Audit Act Amendment requirements applicable to the Local Agency race i. Expenditure less than $750,000 if the Local Agency expends less than S750,0(t0 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of S760,1100 or more -Highway Funds Only I r the Local Agency expends $750.000 or more, in Federal funds, but only received fede funds (Catalog of Federal Domestic Assistance, CFDA20,205) then a progrrmt specific performed This audit will examine the " Ilnariciar procedures anti processes for this prowls Iii. Expenditure of $750,000 or more -Multiple Funding Sources If the Local Agency expends $750.000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, DIPS, etc.) then the Single Audit Act applies, which is an audit on the entire oiganisation/cntity; uniting staurces audit 26. The': Single iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff An audit is an allowable direct or indirect cost. Exhibit C - Page 2 of 2 Document Builder Generated Page 3 of 3 Rev. 12/09/2016 Hello